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THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

DAVIS 


I 


CALIFORNIA  STATE  MINING  BUREAU 
FERRY  BUILDING,  SAN  FRANCISCO 


FLETCHER  HAMILTON, 


State  Mineralogist 


BULLETIN  No.  75 


San  Francisco,  September,  1917 


MINING  LAWS 


UNITED    STATES    AND    CALIFORNIA 


;UWiVcRSlTY  OF  CALIFOR 

F^R      (I  1953 


LIBRARY 


CALlFOnMA  #rATE  PRINTINO  OFFICE 

SIlCRAMENTO 

19  17 


CALIFORNIA  STATE  MINING   BUREAU 
FERRY   BUILDING,  SAN   FRANCISCO 


FLETCHER  HAMILTON, 


State  Mineralogist 


BULLETIN  No.  75 


San  Francisco,  September,  1917 


MINING  LAWS 


UNITED    STATES    AND    CALIFORNIA 


lAI.II<tl:MA   STATi:  l'UI.\TIN<;   ni'KICK 

SACKAMKXTO 

19  17 


LliiRAkY 

UMiVERSlTY  OF  CALIFORNIA 
DAVIS 


CONTENTS. 


Page 

LETTER  OF  TRANSMITTAL ^ 

CALIFORNIA    STATE   MINING    BUREAU f 

MINING   BUREAU  ACT 9 

DEPARTMENT  OF  PETROLEUM  AND  GAS 11 

FEDERAL    STATUTES    27 

PLACERS 28 

OIL   AND   GAS   CLAIMS 30 

THE   PICKETT   BILL — 31 

POTASH   EXPLORATION 31 

MINING  CLAIMS  IN  FOREST  RESERVES 34 

CALIFORNIA  DEBRIS  COMMISSION -- 34 

REGULATIONS   FOR  EXPLOSIVES 3S 

INSTRUCTIONS  TO  OWNERS  AND  OPERATORS  OF  HYDRAULIC  MINES  IN 

CALIFORNIA     42 

CALIFORNIA   STATUTES 44 

CORPORATION   LICENSE  TAX  LAW 46 

PROTECTION  OF  STOCKHOLDERS 51 

TO  PREVENT  WASTING  OF  NATURAL  GAS 52 

USE  OF  CALIFORNIA  MATERIALS  IN  CALIF'ORNIA  PUBLIC  BUILDINGS.-  53 

LANDS  UNCOVERED  BY  RECESSION  OF'  WATER 53 

EXTRACTION  OF  MINERALS  FROM  WATER 54 

HYDRAULIC    MINING 54 

.MINERAL  LANDS  WITHIN  MEANDER  LINES  OF  LAKES  AND  STREAMS...  54 

THE  RIGHT  OF  EMINENT  DOMAIN 56 

TRIALS   INVOLVING  MINING  CLAIMS 57 

LOCATION  OF  MINING  CLAIMS,  MILL  SITES,  AND  ASSESSMENT  WORK..  5S 

REGULATIONS  PROVIDED  FOR  CONTROL  OF'  EXPLOSIVES 61 

REGULATION  OF  HOURS  OF  EMPLOYMENT 65 

PROVIDING  FOR  MINE  EXITS 66 

TELEPHONE   SYSTEM  IN  MINES 67 

FENCING  ABANDONED   SHAFTS 67 

MINE    REGULATIONS — COAL    MINES 67 

WEEKLY  DAY  OF  REST 68 

MINERS'    HOSPITAL    68 

LARCENY  OF  GOLD-DUST  AND  AMALGAM 6ft 

MINER'S   INCH   DEFINED 69 

FORMS   FOR   LOCATION   NOTICES 70 

BLUE   SKY   LAW 72 

WATER   COMMISSION    ACT 81 

ABSTRACT  OF  CURREJs'T  DECISIONS  ON  MINES  AND  MINING 97 

EXTRACTS  imOM  BULLETINS,  I'.  S.  BUREAU  OF  MINES.     MINING  CLAIMS, 

MINERALS.    AND   MINERAL   LANDS 98 

MINE    SAFETY    RULES lOfi 

SOLDIERS  AND  SAILORS  TEMPORARILY  RELIEVED   FROM  ASSESSMENT 

WORK     107 

ASSESSMENT  WORK  SUSPENDED  DURING  1917  AND  1918    (Public  Resolu- 
tion   No.    12) 1 108 

PUBLICATIONS  OF  CALIFORNIA  STATE  MINING  BUREAU 109 

INDEX 112 


LETTER  OF  TRANSMITTAL. 

To  His  Excellency,  the  Honokaui.e  William  D.  Stki'UKNs. 
Governor  of  (lie  State  of  California. 

Sir:  I  have  the  honor  to  transiuit  herewith  Bulletin  Xo.  75  ol"  the 
State  Mining  Bureau,  being  a  compilation  of  the  mining  laws  oi"  the 
United  States  and  California,  and  a  revision  of  Bulletin  66,  which  was 
issued  under  date  of  January.  1914. 

This  office  is  in  constant  receipt  of  incpiiries  for  copies  of  the  laws 
governing  mining  in  California,  not  only  from  residents  of  this  state, 
hut  also  from  all  pai'ts  of  the  United  States  and  foreign  countries,  and 
as  the  edition  of  J^ulletin  66  has  heen  entirely  cxhausti^d,  it  is  now 
deemed  expedient  to  fulfill  the  demand  by  issuing  this  publication. 
Respectfully  submitted. 

FLETCHER  lUUULTOX. 

State  INIineralogist. 

San  P^raneisco,  September  29.  1917. 


CALIFORNIA  STATE  MINING  BUREAU. 


The  headtjuai'tei'.s  of  the  California  State  Minintr  Bureau  are  located 
on  the  third  floor  of  the  Ferry  Buildin<i'.  San  Franeiseo,  and  consist  of 
the  administrative  offices  of  the  State  Mineralogist,  State  Supervisor  of 
Petroleum  and  Gas.  Library,  ^Mineral  ]\Iuseum.  and  other  offices  neces- 
sary for  carrying  on  the  work  of  the  ])ureau.  The  institution  is  sui)- 
ported  by  legislative  appropriation,  and  is  under  the  direction  of 
Fletcher  Hamilton.  State  ]\Iineralogist.  Its  purpose  is  to  promote  the 
interests  of  the  mineral  industry  in  California  in  every  possible  way. 
This  ob.ject  is  accomplished  by  various  means,  briefiy  outlined  as  follows: 

PUBLICATIONS. 

Bulletins,  reports,  and  maps,  covering  all  phases  of  the  mining 
industry  of  the  state,  compiled  as  a  result  of  the  work  of  mining  engi- 
neers and  geologists  in  the  field,  are  available  for  reference  and  distribu- 
tion upon  application  to  this  office.  It  is  possible  to  distribute  some  of 
these  publications  free  of  charge,  but  for  those  more  elaborate  and 
detailed  a  nominal  price  is  asked.     (See  list  of  publications,  page  109.) 

GENERAL  INFORMATION  BUREAU. 

An  information  desk  is  maintained  at  the  main  office  of  the  bureau  in 
the  Ferry  Building,  and  the  entire  staff  of  assistants  is  at  the  service 
of  the  public  at  all  times  in  this  regard.  All  personal  and  written 
inquiries  relative  to  any  phase  of  mining  or  the  occurrc^nce  of  mineral 
substances  in  California,  are  given  careful  and  immediate  attention. 

LIBRARY. 

The  Bureau  Libi-ary  contains  over  5,000  volumes  of  selected  works, 
including  government,  state  and  individual  reports  on  mines  and  mining 
and  allied  technical  subjects,  as  well  as  files  of  the  leading  technical 
magazines  of  the  world,  together  with  the  current  copies  of  the  local 
papers  from  the  ma.jority  of  the  mining  camps  of  California.  Here  may 
also  be  found  for  reference  county  ma])s.  topographical  sheets,  geo- 
logical folios,  etc.  A  reading  room  is  maintained  in  con.iuiiction  with 
the  library,  and  both  ai-e  open  to  the  ])ublic  daily  from  9  a.m.  uiilil 
5  p.m.,  except  Sundays  and  holidays;  and  from  9  i\.n\.  to  12  m.  Satur- 
days. 

LABORATORY. 

Samples,  limited  to  three  at  one  time,  of  any  mineral  found  in  iho 
state,  may  be  sent  to  the  bui-eau  for  identification,  and  the  same  will  Ite 
classified  free  of  charge.  The  bureau  is  not  authorized  to  make  deter- 
minations on  samples  I'eceived  from  points  outside  the  state.  It  nuist 
also  be  understood  that  no  assays  oi-  (luantitative  analyses  can  be  made. 
Samples  should  be  in  lump  form  if  possible,  and  marked  plainly  with 


8  rALFFOHXIA    STAT1-;    :\!IXIN<i    15UBKAT\ 

name  of  .sender  on  outside  of  package.  No  samples  will  be  received 
unless  delivery  charges  are  prepaid,  and  a  letter  should  be  forwarded  at 
the  same  time,  stating  the  general  locality  where  the  mineral  was  found, 
and  the  exact  nature  of  the  information  desired.  The  work  of  this 
department  is  especially  reliable,  and  numy  thousand  prospectors  and 
others  have  taken  advantage  of  the  assistance  which  is  offered  in  this 
manner. 

MUSEUM. 

The  jMuseum,  wliich  occupies  the  entire  north  wing  of  the  third  floor 
of  the  Ferry  Building,  with  a  floor  space  of  7,500  square  feet,  is  not  the 
least  useful  adjunct  of  the  ]\fining  Bureau.  A  complete  mineralogical 
study  of  California  may  be  carried  on  from  the  20,000  mineral  speci- 
mens to  be  seen  attractively  arranged  in  this  immense  exhibit.  Asidt; 
from  its  purely  scientific  interest  the  ^luseum  daily  attracts  throngs  of 
tourists  and  sightseers,  and  accomplishes  a  great  deal  in  the  way  of 
giving  visual  evidence  of  California's  vast  mineral  resources. 

STATISTICAL  DEPARTMENT. 

Since  189-i  the  bureau  has  annually  issued  a  special  bulletin  covering 
in  detail  the  actual  mineral  production  of  the  state  for  the  preceding 
year.  Data  covering  the  amount  and  value  of  the  yearly  output  is 
received  by  the  statistical  department  from  every  individual  mi-neral 
operator  in  California,  and  these  returns,  when  classified  and  published 
in  county  totals,  give  the  clearest  possible  conception  of  the  various 
sections  of  the,  state,  and  have  proven  in  the  past  to'  be  of  great  aid  to 
prospective  investors,  and  others  interested.  It  is  to  the  undoubted 
interest  of  every  owner  and  operator  of  a  mineral  property  in  Cali- 
fornia to  cooperate  with  the  bureau  in  its  efforts  to^collect  reliable  and 
authoritative  statistical  data. 

DEPARTMENT  OF  PETROLEUM  AND  GAS. 

This  department  was  established  by  law  August  9,  1915.  It  is  under 
the  general  jurisdiction  of  the  State  .Mineralogist,  who  is  authorized 
to  appoint  as  supervisor  an  engineer  or  geologist  experienced  in  the 
development  and  production  of  petroleum.  It  is  the  duty  of  the  super- 
visor to  supervise  the  drilling,  ojjcration,  maintenance  and  abandonment 
of  petroleum  or  gas  wells,  so  as  to  prevent  damage  to  these  deposits 
from  infiltrating  water  and  other  causes.  It  is  of  vital  interest  to  the 
general  pulilic  that  waste  of  the  natural  supply  of  petroleum  and  gas 
in  (California  be  prevented,  and  it  is  believed  that  the  farsightedness  of 
the  framers  of  this  law  has  been  fidly  exemplified  in  the  short  time 
which  has  elapsed  since  the  woi'k  in  this  de])artment  was  first  inaugu- 
rated, on  account  of  the  ])i'actical  results  which  have  foUowed  it.  ]\Iuch 
of  the  danuige  caused  in  the  past  has  been  due  to  lack  of  knowledge  of 
uiulerground  conditions.  Information  in  this  regard  is  being  constantly 
gathered  and  systematized  by  the  ))ureau.  and  the  results  placed  at  the 
disposal  of  the  oil  operators. 


MIXIXC;    LAWS. 

MINING  BUREAU  ACT. 


CHAPTER  r»7!t. 

An  act  establishing  a  state  mining  bureau,  creating  the  office  of  state  mineralo- 
gist, fixing  his  salary  and  prescribing  his  powers  and  duties;  providing  for 
the  employment  of  officers  and  employees  of  said  bureau,  makcing  it  the  duty 
of  persons  in  charge  of  mines,  mining  operations  and  quarries  to  make  certain 
reports,  providing  for  the  investigation  of  mining  operations,  dealings  and  trans- 
actions and  the  prosecution  for  defrauding,  swindling  and  cheating  therein,  creat- 
ing a  state  mining  bureau  fund  for  the  purpose  of  carrying  out  the  provisions  of 
this  act  and  repealing  an  act  entitled  "An  act  to  provide  for  the  establishment, 
maintenance,  and  support  of  a  bureau,  to  be  known  as  the  state  mining  bureau, 
and  for  the  appointment  and  duties  of  a  board  of  trustees,  to  be  known  as  the 
board  of  trustees  of  the  state  mining  bureau,  who  shall  have  the  direction, 
management  and  control  of  said  state  mining  bureau,  and  to  provide  for  the  ap- 
pointment, duties,  and  compensation  of  a  state  mineralogist,  who  shall  perform 
the  duties  of  his  office  under  the  control,  direction  and  supervision  of  the  board  of 
trustees  of  the  state  mining  bureau."  approved  March  23,  1893.  and  all  acts 
amendatory  thereof  and  supplemental  thereto  or  In  conflict  herewith. 

[Approved  June  16.   IIHS.     In  effect  August  lU,   11(13.] 

Th-  iicoplc  of  the  .S7«^c  of  Califoniiu  du  enact  as  follows: 

Section  1.  There  is  hereby  created  and  established  a  state  niiniuj;  bureau.  The 
chief  officer  of  such  bureau  shall  be  the  state  mineralofjist.  which  office  is  hereby 
created. 

Sec.  2.  It  shall  be  the  duty  of  the  :roveruor  of  the  State  of  California  and  he  is 
hereby  empowered  to  appoint  a  citizen  and  i-esident  of  this  state,  having  a  practieal 
and  scientific  knowledge  of  mining,  to  the  office  of  state  mineralogist.  Said  state 
mineralogist  .';hall  bold  his  office  at  the  i)leasure  of  the  govenior.  He  shall  be  a  civil 
executive  officer.  He  shall  take  and  sub.scribe  the  same  oath  of  office  as  other  .state 
officers.  He  shall  receive  for  his  services  a  salary  of  three  hundred  dollars  ($;^I0) 
per  month,  to  be  paid  at  the  same  time  and  in  the  same  manner  as  the  salaries  of 
other  state  officers.  He  shall  also  receive  his  necessary  traveling  expenses  when 
traveling  on  the  business  of  his  office.  He  shall  give  bond  for  the  faithful  per- 
formance of  his  duties  in  the  sum  of  ten  thousand  dollars  (.$10.0(XH.  said  bond  to 
be  approved  by   the   governor  of  the   State  of  California. 

Sec.  ;'».  Said  state  mineralogist  shall  employ  competent  geologists,  field  a.ssist- 
auts,  qualified  specialists  and  office  employees  when  necessary  in  the  execution  of 
his  plans  and  operations  of  the  bureau,  and  fix  their  compensation.  The  said  em- 
ployees shall  be  allowed  their  necessary  traveling  expenses  when  traveling  on  the 
business  of  said  department  and  shall  hold  office  at  the  pleasure  of  said  state  min- 
eralogist. 

Sec.  4.  It  shall  be  the  duty  of  said  state  mmeralogist  to  make,  facilitate,  and 
encourage,  special  studies  of  the  mineral  resources  and  mineral  industries  of  the 
state.  It  shall  be  his  duty:  to  collect  statistics  concerning  the  occurrence  and  pro- 
duction of  the  economically  important  minerals  and  the  methods  pursued  in  making 
their  valuable  constituents  available  for  connnercial  use;  to  make  a  collection  of 
typical  geological  and  miueralogical  specimens,  especially  those  of  economic  and 
commercial  importance,  such  collection  constituting  the  museum  of  the  state  min- 
ing bureau :  to  provide  a  library  of  bf)oks.  reiwrts.  drawings,  bearing  upon  the 
mineral  industries,  and  .scieuc-es  of  mineralogy  and  geology,  and  arts  of  mining  and 
metallurgy,  such  library  constituting  the  library  of  the  state  mining  bureau :  to 
make  a  collection  of  models,  drawing's  and  descriptions  of  the  meehanical  appliances 
used  in  minin-j:  and  metallurgical  processes;  to  preserve  and  so  maintain  such  col 
lections  and  lilirary  as  to  make  them  available  for  reference  and  examination, 
and  open  to  public  insi)ection  at  reasonal)le  hours:  to  maintain,  in  effect,  a  bureau 
of  information  concerning  the  mineral  industries  of  this  state,  to  consist  of  such 
c-ollections  and  library,  and  to  arrange,  classify,  catalogue,  and  index  the  data 
therein  contained,  in  a  manner  to  make  tlie  information  available  to  those  desiring 
it:  to  issue  from  time  to  time  sucli  bulletins  as  he  may  deem  advisable  concerning 
the  statistics  and  technology  of  the  mineral  industries  of  this  state. 

Sec.  .">.  It  is  hereby  made  the  duty  of  the  owner.  les.sor.  lessee,  agent,  manager 
or  other  person  in  charge  of  each  and  every  mine,  of  whatever  kind  or  character, 
within  the  stati-.  to  forward  to  liie  siali-  mineralogist,  upon  liis  r.-qnest.  at   his  office 


10  CALIFOT{\IA    STATI':    illNlXCi    lUUHAU. 

uot  later  than  the  thirtieth  day  of  June,  in  each  year,  a  detailed  report  upon  forms 
which  will  be  furnished  showing  the  character  of  the  mine,  the  number  of  men  then 
employed,  the  method  of  working  .such  mine  and  the  general  condition  thereof,  the 
total  mineral  production  for  the  past  year,  and  such  owner,  lessor,  lessee,  agent, 
manager  or  other  person  in  charge  of  any  mine  within  the  state  must  furnish  what- 
ever information  relative  to  such  mine  as  the  state  mineralogist  may  from  time  to 
time  require  for  the  proper  discharge  of  his  official  duties.  Any  owner,  lessor,  lessee, 
agent,  manager  or  other  person  in  charge  of  each  and  every  mine,  of  whatever  kind 
or  character  within  the  state,  who  fails  to  comply  with  the  above  provisions  shall 
be  deemed  guilty  of  a  misdemeanor.* 

Sec.  6.  The  state  mineralogist  now  performing  the  duties  of  the  office  of  state 
mineralogist  shall  perform  the  duties  of  the  office  of  state  mineralogist  as  in  this 
act  provided  until  the  appointment  and  qualification  of  his  successor  as  in  this  act 
pi'ovided. 

Sec.  7.  The  said  state  mineralogist  shall  take  ix)ssession.  charge  and  control  of 
the  offices  now  occupied  and  used  by  the  board  of  trustees  and  state  mineralogist  and 
the  museum,  librai-j'  and  laboratory  of  the  mining  bureau  located  in  San  Francisco 
as  provided  for  by  a  certain  act  of  the  legislature  approved  March  23,  1893,  and 
hereafter  referred  to  in  section  fourteen  hereof,  and  shall  maintain  such  offices, 
museum,   library   and   laboratory   for   the   purposes   provided   in   this   act. 

Sec.  S.  Said  state  mineralogist  or  qualified  assistant  shall  have  full  power  and 
authoritj-  at  any  time  to  enter  or  examine  any  and  all  mines,  quarries,  wells,  mills, 
reduction  works,  refining  works  and  other  mineral  properties  or  working  plants  in 
this  state  in  order  to  gather  data  to  comply  with  the  provisions  of  this  act. 

Sec.  9.  The  state  mineralogist  shall  make  a  biennial  report  to  the  governor  on 
or  before  the  fifteenth  day  of  September  next  preceding  the  regular  session  of  the 
legislature. 

Sec.  10.  All  moneys  i-eceived  by  the  state  mining  bureau  or  any  officer  thereof 
(except  such  a.s  may  be  paid  to  them  by  the  state  for  disbursement)  shall  be  receipted 
for  by  the  state  mineralogist  or  other  officer  authorized  by  him  to  act  in  his  place 
and  at  least  once  a  month  accounted  for  by  him  to  the  state  controller  and  paid 
into  the  state  treasury  to  the  credit  of  a  fund  which  is  hereby  created  and  designated 
"State  Mining  Bureau  Fund."  All  liioneys  now  in  the  possession  of  the  state  min- 
ing bureau  or  any  officer  thereof  received  from  any  source  whatsoever,  shall  be  imme- 
diately paid  over  to  the  state  mineralogist  and  by  him  accounted  for  to  the  controller 
and  paid  into  the  state  trea.sury  to  the  credit  of  said  fund."  Said  fund  shall  be 
used  and  is  hereby  appropriated  for  the  use  of  said  bux'eau  in  carrying  out  the 
purposes  of  this  act. 

Sec.  11.  The  said  state  mineralogist  is  hereby  authorized  and  empowered  to  re- 
ceive on  behalf  of  this  state,  for  the  use  and  benefit  of  the  state  mining  bureau,  gifts, 
bequests,  devices  and  legacies  of  real  or  other  property  and  to  use  the  same  in 
accordance  with  the  wishes  of  the  donors,  and  if  no  instructions  are  given  by  said 
donors,  to  manage,  use,  and  dispose  of  the  gifts  and  bequests  and  legacies  for  the 
best  interests  of  said  state  mining  bureau  and  in  such  manner  as  he  may  deem 
proper. 

Sec.  12.  The  state  mineralogist  may  whenever  he  deems  it  advisable,  prepare  a 
special  collection  of  ores  and  minerals  of  California  to  be  sent  to  or  used  at  any 
world's  fair  or  exposition   in  order  to  display   the  mineral   wealth   of  the  state. 

Sec.  13.  The  state  mineralogist  is  hereby  empowered  to  fix  a  price  upon  and  to 
dispose  of  to  the  public,  at  such  price,  any  and  all  imblications  of  the  state  mining 
bureau,  including  reports,  bulletins,  maps,  registers  or  other  publications ;  such  price 
shall  approximate  the  cost  of  publication  and  distribution.  Any  and  all  sums  de- 
rived from  such  disposition,  or  from  gifts  or  bequests  made,  as  hereinbefore  pro- 
vided must  be  accounted  for  by  said  state  mineralogist  and  turned  over  to  the  state 
treasurer  to  be  credited  to  the  mining  bureau  fund  as  provided  for  in  section  ten. 
lie  is  also  empowered  to  furnish  without  cost  to  public  libraries  the  publications 
of  the  bureau,  and  to  exchange  ])ublications  with  other  geological  surveys  and  scien- 
tific societies,  etc. 

Sec.  14.  The  state  mineralogist  provided  for  by  this  act  shall  be  the  successor 
in  interest  of  the  board  of  trustees  of  the  state  mining  bureau,  and  the  state  min- 
eralogist, under  and  by   virtue  of  that   certain   act,  entitled  "An  act  to  provide  for 


*Sec.  in  of  the  Penal  Code  of  California  jirovides :  "Rxcept  in  cases  wbere  a 
different  punishment  is  prescribed  by  tbis  code,  every  offense  declared  to  be  a  mis- 
demeanor is  punisliable  by  imprisonment  in  a  county  jail  not  exceeding  six  months, 
or   by   a  tine   not   exceeding  five   hundred   dollars,   or   by   both." 


MIXI.VO    LAWS.  11 

the  establisliiiu'ul.  iiiaiiittMiaiHc.  and  support  of  a  bureau,  to  be  known  a.s  the  stato 
mining  bureau,  and  for  the  appointment  and  duties  of  a  board  of  trustees,  to  be 
known  as  tbc  board  of  trustees  of  tiie  state  mining  bureau,  wlio  shall  have  the  direc- 
tion, management,  and  control  of  said  state  mining  bureau,  and  to  provide  for  the 
apiwintment,  duties,  and  compensation  of  a  state  mineralogist,  who  shall  perform 
the  duties  of  his  office  under  the  control,  direction  and  supervision  of  the  board  of 
trustees  of  the  state  mining  bureau."  ai)i)roved  March  23.  180.'i.  and  all  books,  pai>ers, 
documents.  i>ersonal  propert.y.  records,  and  projxMt.v  of  every  kind  and  description 
obtained  or  possessed,  or  held  or  controlled  by  the  said  i)oard  of  trustees  of  the  said 
state  mining  bureau,  and  the  state  mineralogist,  and  the  clerks  and  employees  thereof, 
under  the  provisions  of  said  act  of  -March  2'.i.  1S!»;{.  or  any  act  supplemental  thereto 
or  amendatory  thereof,  shall  innnediately  be  turned  over  and  delivered  to  the  said 
state  mineralogist  herein  provided  for.  who  shall  have  charge  and  control  thereof. 

Skc.  ITi.  That  certain  act  entitled  "An  act  to  provide  for  the  establishment, 
maintenance,  and  support  of  a  bureau,  to  be  known  as  the  state  mining  bureau,  and 
for  the  api)ointment  and  duties  of  a  board  of  trustees,  to  be  known  as  the  board  of 
trustees  of  the  state  mining  bureau,  and  to  provide  lor  the  ai>pointment,  duties  and 
compensation  of  a  state  mineralogist,  who  shall  perform  the  duties  of  his  oflBce 
under  the  control,  direction,  and  supervision  of  the  board  of  trustees  of  the  state 
mining  bureau."  api)roved  March  I'o.  1NU3.  together  with  all  acts  amendatory 
thereof  and  supplemental  thereto  and  all  acts  in  conflict  herewith  are  hereby  re- 
pealed. 


DEPARTMENT  OF  PETROLEUM  AND  GAS. 


CHAPTER   7 IS. 

An  act  establishing  and  creating  a  department  of  the  state  mining  bureau  for  the 
protection  of  the  natural  resources  of  petroleum  and  gas  from  waste  and  destruc- 
tion through  Improper  operations  In  production;  providing  for  the  appointment  of 
a  state  oil  and  gas  supervisor;  prescribing  his  duties  and  powers;  fixing  his  com- 
pensation; providing  for  the  appointment  of  deputies  and  employees;  providing  for 
their  duties  and  compensation;  providing  for  the  Inspection  of  petroleum  and  gas 
wells;  requiring  all  persons  operating  petroleum  and  gas  wells  to  make  certain 
reports;  providing  procedure  for  arbitration  of  departmental  rulings;  creating  a 
fund  for  the  purposes  of  the  act;  providing  for  assessment  of  charges  to  be  paid 
by  operators  and  providing  for  the  collection  thereof;  and  making  an  appropria- 
tion  for  the  purposes  of  this  act. 

[Approved  June  10,  1915.     Amended  1917.     Chapter  759.] 

The  people  of  the  state  of  California  do  enact  as  folloics: 

Establishment  of  department.     Appointment  of  supervisor. 

Section  1.  A  separate  department  of  the  state  mining  bureau  is  hereby  estab- 
lished and  created  to  be  known  as  the  department  of  petroleum  and  gas.  Such 
department  shall  be  under  the  general  jurisdiction  of  the  state  mineralogist.  He 
shall  appoint  a  supervisor  who  shall  be  a  competent  engineer  or  geologist  experienced 
in  the  development  and  production  of  petroleum  and  who  shall  be  designated  the 
"state  oil  and  gas  supervisor,"  and  whose  term  of  office  shall  be  four  years  from 
and  after  the  date  of  his  appointment. 

Appointment    of   assistants.     Compensation. 

ShX'.  2.  For  his  services  in  the  general  supervision  of  said  department,  the  state 
mineralogist  shall  receive  as  compensation  one  thousand  four  hundred  dollars 
annually  which  shall  be  in  addition  to  his  compensation  fixed  in  section  two  of  the 
act  of  June  1(J.  lOlo,  relating  to  the  state  mining  bureau.  The  secretary  of  the 
state  mining  bureau  shall  receive  for  his  services  in  connection  with  the  department 
of  petroleum  and  gas,  a  sum  not  to  exceed  six  hundred  dollars  annually,  which  sum 
shall  be  in  addition  to  his  compensation  paid  from  the  funds  of  the  state  mining 
bureau. 

The  supei'visor  shall  receive  an  annual  salary  of  six  thousand  dollars,  and  .shall 
be   allowed    his   necessar.v    traveling   expenses.     The   state   mineralogist    may.    at    the 


12  CALIFORNIA    STATE    MTNIXG    BUREAU. 

request  of  the  state  oil  and  gas  supervisor,  and  subject  to  the  civil  service  laws  of  the 
state,  appoint  one  chief  clerk  at  a  salary  of  not  to  exceed  one  thousand  eight  hundred 
dollars  annually;  twelve  office  assistants  or  stenographers  each  at  a  salary  not  to 
exceed  one  thousand  two  hundred  dollars  annually;  four  geological  draughtsmen  each 
at  a  salarj-  not  to  exceed  one  thousand  five  hundred  dollars  annually ;  four  petroleum 
engineers  each  at  a  salary  not  to  exceed  two  thousand  four  hundred  dollars  annually  ; 
twelve  inspectors  each  at  a  salary  not  to  exceed  one  thousand  eight  hundred  dollars 
annually. 

The  additional  salary  herein  authorized  to  be  paid  to  the  state  mineralogist  and 
the  secretary  of  the  state  mining  bureau  and  the  salaries  of  the  supervisor  and  of 
the  deputies,  clerks,  stenographers,  assistants  and  other  employees  shall  be  paid 
out  of  the  funds  hereinafter  provided  for  at  the  times  and  in  the  manner  that 
salaries  of  other  state  officers  and  employees  are  paid. 

Duties  of  supervisor. 

Sec.  3.  It  shall  be  the  duty  of  the  state  oil  and  gas  supervisor  so  to  supervise  the 
drilling,  operation  and  maintenance  and  abandonment  of  petroleum  or  gas  wells  in 
the  State  of  California,  as  to  prevent,  as  far  as  possible,  damage  to  undorgrauud 
petroleum  and  gas  deposits  from  infiltrating  water  and  other  causes  and  loss  of 
petroleum  and  natural  gas. 

Appointment   of  deputies  and   attorney. 

Sec.  4.  It  shall  be  the  duty  of  the  state  oil  and  gas  supervisor  to  appoint  one 
chief  deputy  and  five  field  deputies,  one  for  each  of  the  districts  hereinafter  provided 
for  and  prescribe  their  duties  and  fix  their  compensation,  which  shall  not  exceed  four 
thousand  dollars  per  annum  for  the  chief  deputy  and  not  to  exceed  three  thousand 
six  hundred  dollars  per  annum  for  each  field  deputy.  Such  deputies  shall  serve 
during  the  pleasure  of  the  supervisor.  He  shall  also  employ  an  attorney  at  a 
compensation  not  exceeding  three  thousand  dollars  per  year,  payable  out  of  said 
fund,  who  shall  also  be  attorney  for  each  district  board  of  commissioners ;  such  com- 
missioners may  allow  additional  compensation  to  such  attorney  in  actual  litigation. 
The  supervisor,  the  deputies  and  the  attorney  shall  not  be  subject  to  the  civil 
service  act. 

Duties  of  deputies. 

Sec.  5.  Each  deputy  appointed  by  the  supervisor  shall  be  a  competent  engineer 
or  geologist,  exi)erienced  in  the  development  and  production  of  petroleum.  At  the 
time  said  deputy  is  appointed,  notice  of  such  appointment  shall  be  transmitted  in 
writing  to  the  board  of  commissioners  of  the  district  for  which  said  deputy  is 
appointed.  Said  notice  shall  be  given  either  personally  or  by  mailing  a  notice  of  said 
appointment  to  the  post-office  address  of  each  commissioner.  No  appointment  shall 
be  final  until  a  period  of  ten  days  shall  have  elapsed  from  the  mailing  of  said  notice 
to  said  commissioners.  In  the  event  the  majority  of  the  commissioners  notify  said 
oil  and  gas  supervisor  in  w'riting  before  the  expiration  of  ten  days  from  the  date  of 
said  notice  that  the  appointment  of  said  field  deputy  is  disapproved  by  them,  then 
and  in  that  event  said  field  deputy  shall  not  be  appointed  but  said  oil  and  gas 
supervisor  must  appoint  some  other  individual  as  in  this  section  provided.  Each 
field  deputy  shall  maintain  an  office  in  the  district  for  which  he  is  appointed,  con- 
venient of  access  to  the  petroleum  and  gas  operators  therein.  The  office  shall  be 
open  and  the  deputy  shall  be  present  at  certain  specified  times  which  shall  be  posted 
at  such  office. 

Sec.  6.  It  shall  be  the  duty  of  each  deputy,  to  collect  all  necessary  information 
regarding  the  oil  wells  in  the  district,  with  a  view  to  determining  the  presence  and 
source  of  water  in  the  oil  sand,  and  to  make  all  maps  and  other  accessories  necessary 
to  determine  the  presence  and  source  of  water  in  the  oil  sands.  This  work  shall  be 
done  with  the  view  to  advising  the  operators  as  to  the  best  means  of  protecting  the 
oil  and  gas  sands,  and  with  a  view  to  aiding  the  supervisor  in  ordering  tests  or 
repair  work  at  wells.  All  such  data  shall  be  kept  on  file  in  the  office  of  the  deputy 
oil  and  gas  supervisor  of  the  respective  district. 


MINING    LAWS.  13 

Records  and  their  use. 

Sec.  7.  The  records  of  any  and  all  operators,  when  filed  with  the  deputj'  super- 
visor as  hereinafter  provided,  shall  be  open  to  inspection  to  those  authorized  in 
writing  by  such  operators,  to  the  state  officers,  and  to  the  board  of  commissioners 
hereinafter  provided  for.  Such  records  shall  in  no  case  other  than  those  hereinafter 
and  in  this  section  provided,  bo  available  as  evidence  in  court  proceedings  and  no 
officer  or  employee  or  member  of  any  board  of  commissioners  shall  be  allowed  to  give 
testimony  as  to  the  contents  of  said  records,  except  at  such  court  proceedings  as  are 
hereinafter  provided  for  in  the  review  of  the  decision  of  the  state  oil  and  gas  super- 
visor, or  a  board  of  commissioners,  or  in  any  proceedings  initiated  for  the  enforce- 
ment of  an  order  of  the  supervisor,  or  any  proceeding  initiated  for  the  enforcement 
of  a  lien  created  by  this  act,  or  any  proceeding  for  the  collection  of  the  assessment 
levied  under  and  pursuant  to  the  provisions  of  this  act  or  in  criminal  proceedings 
arising  out  of  such  records,  or  the  statements  upon  Mhich  they  are  based. 

Orders    by   supervisor.     Agents   of   operators. 

Sec.  8.  It  shall  be  the  duty  of  the  supervisor  to  order  such  tests  or  remedial 
work  as  in  his  judgment  are  necessary  to  protect  the  petroleum  and  gas  deposits 
from  damage  by  underground  water,  to  the  best  interests  of  the  neighboring  prop- 
erty owners,  and  the  public  at  large. 

The  order  shall  be  in  written  form,  signed  by  the  supervisor,  and  shall  be  served 
upon  the  owner  of  the  well,  or  the  local  agent  appointed  by  such  owner,  either 
personally  or  by  mailing  a  copy  of  said  order  to  the  post-office  address  given  at  the 
time  the  local  agent  is  designated,  or  if  no  such  local  agent  has  been  designated, 
by  mailing  a  copy  of  said  order  to  the  last  known  post-office  address  of  said  owner, 
or  if  the  owner  be  unknown  by  posting  a  copy  of  said  order  in  a  conspicuous  place 
upon  the  property,  and  publishing  the  same  in  some  newspaper  of  general  circulation 
throughout  the  county  in  which  said  well  is  located,  once  a  week  for  two  successive 
weeks. 

Said  order  shall  specify  the  condition  sought  to  be  remedied  and  the  work  neces- 
sar.v  to  protect  such  deposits  from  damage  from  underground  waters.  For  this 
purpose  each  operator  or  owner  shall  designate  an  agent,  giving  his  post-office 
address,  who  resides  within  the  county  where  the  well  or  wells  are  located,  upon 
whom  all  orders  and  notices  provided  for  in  this  act  may  be  served. 

Rejection  of  supervisor's  orders,  and  appeal. 

Sec.  9.  The  well  owner  or  his  local  agent  may  within  ten  days  from  the  date  of 
sei'vice  of  any  order  from  the  supervisor,  file  with  the  supervisor  or  his  deputy  in 
the  district  where  the  property  is  located,  a  statement  that  the  supervisor's  order  is 
not  acceptable  and  that  appeal  from  said  order  is  taken  to  the  board  of  commis- 
sioners. Such  appeal  shall  operate  as  a  stay  of  any  order  issued  under  or  pursuant 
to  the  provisions  of  this  act. 

Districts,    commissioners,    election,    recall. 

Sec.  10.  For  the  purposes  of  this  act  the  state  shall  be  divided  into  five  districts, 
as  follows  : 

District  No.  1,  including  the  counties  of  Los  Angeles,  Riverside,  Orange,  San  Diego, 
Imperial  and  San  Bernardino. 

District  No.  2,  the  county  of  Ventura. 

District  No.  3,  including  the  counties  of  Santa  Barbara,  San  Luis  Obispo, 
Monterey.  Santa  Cruz,  San  Benito.  Santa  Tiara.  Contra  Costa,  San  Mateo,  Alameda 
and  San  Francisco. 

District  No.  4,  including  the  counties  of  Tulare,  Inyo  and  Kern. 

District  No.  5,  including  the  counties  of  Fresno,  Madera.  Kings,  Mono,  Mariposa, 
Merced  and  all  other  comities  in  California  not  included  in  any  of  said  other  districts. 

There  shall  be  elected  at  the  times  and  in  the  manner  hereinafter  provided,  district 
oil  and  gas  commissioners  for  each  such  district,  as  follows  : 

For  district  number  one,  five  ;  for  district  number  two,  five ;  for  district  number 
three,  five;  for  district  number  four,  seven;  for  district  number  five,  five. 


14  (■■AI.II-OK'NIA     STATK    MIXlN'c;     IsrUKAl'. 

Said  district  oil  aud  jjas  cominissioneis  shall  be  elected  by  vote  of  the  companies, 
individuals,  coparlnerships  or  associations,  who  shall  have  been  assessed,  and  whose 
names  shall  appear  on  the  last  record  of  assessments  (next  preceding  such  election) 
for  and  on  account  of  the  fund  in  this  act  provided  to  be  raised,  within  said  districts 
respectively,  said  vote  to  be  taken  at  a  meeting;  to  be  held  in  each  of  said  districts 
respectively,  and  on  the  third  Monday  in  September  of  each  year,  such  place  and 
the  time  and  details  of  such  meeting  to  be  fixed  by  the  state  oil  and  gas  supervisor, 
and  of  which  meeting  at  least  two  weeks  previous  notice  shall  have  been  given  by 
letter  addressed  to  each  of  said  persons,  corporations,  copartnerships  and  asso- 
ciations, entitled  to  vote  as  aforesaid,  at  his  or  its  post-office  address  or  principal 
place  of  business. 

At  said  meeting  each  of  those  entitled  to  vote  as  herein  provided  may  be  repre- 
sented by  one  person  holding  the  written  authority  of  such  voter  to  act  for  him  at 
such  meeting. 

At  said  meeting  each  voter  shall  be  entitled  to  one  vote  for  each  member  of  the 
board  of  district  oil  and  gas  commissioners  who  are  required  to  be  selected  for  such 
district.  In  addition  thereto,  in  each  district  in  which  five  commissioners  are  to  be 
elected,  each  voter  shall  be  entitled,  for  each  one  hundred  dollars,  or  fraction  thereof, 
which  said  voter  shall  have  paid  in  accordance  with  his  last  assessment  hereunder,  to 
cast  one  vote  for  the  two  commissioners  who  are  elected  for  three  years ;  and  in  each 
district  in  which  seven  commissioners  are  to  be  elected,  each  voter  shall  be  entitled, 
for  each  one  hundred  dollars,  or  fraction  thereof,  which  said  voter  shall  have  paid  in 
accordance  with  his  last  assessment  hereunder,  to  cast  one  vote  for  the  three  com- 
missioners who  are  elected  for  three  years.  In  all  subsequent  elections  the  qualifi- 
cation of  voters  in  the  election  of  a  commissioner  shall  be  the  same  as  in  the  election 
of  the  commissioner  whose  successor  in  office  is  being  elected. 

Said  meeting  shall  select  by  ballot,  by  a  majority  vote  of  the  votes  represented,  the 
number  of  persons  as  hei'einbefore  specified  to  act  as  district  oil  and  gas  commis- 
sioners for  such  district. 

In  any  district  entitled  to  seven  commissioners,  two  shall  be  chosen  for  a  term  of 
one  year,  two  for  two  years  and  three  for  three  years.  In  any  district  entitled  to 
five  commissioners,  one  shall  be  chosen  for  a  term  of  one  year,  two  for  two  years  and 
two  for  three  years. 

The  chairman  and  secretary  of  the  meeting  shall  issue  a  written  certificate  to  the 
state  oil  and  gas  supervisor,  setting  forth  the  result  of  such  election,  and  the  name 
and  address  of  each  of  the  persons  elected  at  said  meeting  as  the  district  oil  and  gas 
commissioners  for  said  district  and  the  term  for  which  each  has  been  elected.  No 
person  shall  be  eligible  as  a  district  oil  and  gas  commissioner  who  is  not  a  resident 
of  the  district  for  which  he  is  elected,  nor  shall  any  person  be  eligible  for  such 
l^osition  who  is  not  actually  engaged  in  the  business  of  oil  or  gas  development  or 
production,  within  the  district. 

Upon  receipt  of  the  certficate  so  made  by  the  chairman  and  secretary  of  any  such 
meeting,  the  state  oil  and  gas  supervisor  shall  issue  a  certificate  of  election  to  the 
respective  persons  in  said  certificate  named  as  the  district  oil  and  gas  commissioner 
for  said  district,  and  for  the  periods  of  one,  two  or  three  years  from  and  after  the 
first  Monday  in  October,  1917,  as  shall  be  shown  in  such  certificate,  and  until  their 
I'espective  successors  shall  have  been  elected. 

Within  thirty  days  after  their  appointment  by  the  state  oil  and  gas  sui^ervisor,  the 
district  oil  and  gas  commissioners  for  each  district  shall  meet  at  a  time  and  place 
within  the  district  to  be  designated  by  the  state  oil  and  gas  supervisor,  and  shall 
thereupon  select  one  of  the  number  as  chairman. 

The  deputy  supervisor  of  the  district  shall  be  ex  officio  secretary  of  said  board,  and 
shall  keep  a  record  of  its  proceedings,  and  his  office  shall  be  the  office  of  the  com- 
missioners. 

Said  commissionei-s  shall  serve  without  compensation,  except  their  necessary  travel- 
ing expenses.  The  traveling  expenses  of  said  commissioners  and  all  actual  expenses 
incurred  by  or  under  order  of  said  commissioners  in   the  hearing  and  determination 


.MIXIXO    LAWS.  15 

iiiid  carryiug  out  of  orders  appealed  to  them,  shall  be  certitied  to  said  stiite  super- 
visor, aud  wlu-n  audited  by  him  and  by  the  state  board  of  control  shall  be  paid  from 
said  fund. 

On  the  third  Tuesday  in  September  of  each  year  at  an  hour  aud  places  in  said 
resijective  districts  to  be  fixed  by  the  state  oil  and  gas  supervisor,  and  of  which 
notices  shall  have  been  jjiven  as  hereinbefore  specified,  the  succeesor  of  each  of  the 
district  oil  and  gas  commissioners  whoso  term  of  appointment  shall  expire  that  year, 
shall  be  elected  and  qualified  in  the  manner  and  subject  to  the  provisions  herein- 
before set  forth,  aud  the  term  of  each  shall  be  for  a  period  of  three  jears  from  and 
after  the  first  Monday  in  October  next  succeeding. 

All,  either  or  any  of  the  district  oil  and  gas  commissioners  elected  in  any 
district  may  be  recalled  by  the  votes  of  a  majority  of  the  qualified  votes  of  the 
district  entitled  to  vote  as  to  such  commissioners  respectively.  In  case  there  shall 
be  filed  in  the  oflice  of  the  state  oil  and  gas  supervisor,  a  written  petition,  signed  by 
not  less  than  forty  per  cent  of  those  entitled  to  vote  as  to  the  election  of  any  com- 
missioner or  commissioners,  asking  the  recall  of  such  commissioner  or  commissioners, 
said  state  oil  and  gas  supervisor  shall,  within  ten  days  thereafter,  order  and  give 
notice  of,  a  special  election  in  such  district  to  fill  the  office  or  oflices  of  the  commis- 
sioner or  commissioners  named  in  said  petition  for  recall ;  and  shall  cause  notice  to 
be  given  of  said  election  in  the  manner,  aud  for  the  time  required  for  regular  election, 
aud  said  notice  shall  fix  the  time  and  place  of  such  election. 

At  such  election,  the  commissioner  or  commissioners  named  in  such  petition  for 
recall  shall  be  voted  upon  as  though  candidates  for  election  for  the  unexpired  portion 
of  the  term  for  which  they,  respectively,  were  originally  elected,  and  any  other 
candidate  or  candidates  may.  at  the  same  time,  be  voted  upon.  It  shall  require  a 
majority  of  all  the  qualified  votes  entitled  to  vote  for  such  commissioners,  respec- 
tively, to  constitute  an  election.  In  case  less  than  a  majority  of  all  qualified  votes 
shall  be  cast  for  any  candidate,  said  recall  shall  be  deemed  to  have  failed  as  to  the 
commissioner  concerning  whose  office  such  vote  was  taken  ;  and  in  case  such  commis- 
sioner himself  shall  receive  a  majority  of  the  votes,  said  recall  shall  be  deemed  to 
have  failed,  and  in  either  of  such  cases,  such  commissioner  shall  continue  to  serve 
until  the  expiration  of  his  term  as  though  no  such  special  election  had  been  held. 
But  in  case  any  person  other  than  such  commissioner  shall  receive  a  majority  of 
the  votes  for  such  unexpired  term,  then  such  recall  shall  become  effective  and  the 
office  of  the  commissioner  so  recalled  shall  be  vacant  and  upon  written  certificate  of 
such  election  being  filed  with  the  state  oil  aud  gas  supervisor,  the  person  so  choseu 
and  elected  for  such  unexpired  term  shall  become  the  successor  of  the  commissioner 
so  recalled,  and  a  certificate  of  his  election  for  such  unexpired  term  shall  be  issued 
and  transmitted  to  him  by  the  state  oil  aud  gas  supervisor.  Aud  like  proceedings 
shall  be  had  in  case  more  than  one  commissioner  shall  be  included  in  said  petition 
for  recall. 

In  all  recall  elections,  qualifications  for  voters  aud  the  numbers  of  votes  which 
they  will  be  entitled  to  cast  shall  be  the  same  as  they  respectively  were  in  the  elec- 
tion of  the  commissioner  as  to  whom  such  recall  election  is  being  held. 

In  case  of  vacancy  caused  l)y  the  death,  resignation  or  removal  from  district  or 
ceasing  to  be  engaged  in  the  business  of  development  or  production  of  oil  or  gas  in 
the  district  as  to  the  office  of  any  commissioner,  such  vacancy  shall  be  filled  until 
the  next  annual  election  by  the  state  oil  and  gas  supervisor,  who  shall  appoint  to 
fill  such  vacancy  an  eligible  person,  nominated  in  writing  by  the  remaining  com- 
missioners of  such  district. 

Upon  any  subject  in  which  any  couuuissioner  is  personally  interested,  or  upon 
which  any  corporation,  copartnership,  association  or  individual  by  whom  he  is 
employed  is  directly  interested  as  a  party,  such  commissioner  shall  not  \ye  entitled 
to  sit  or  vote. 

Ilie  board  of  commissioners  shall  be  entitled  to  call  upon  the  supervisor  for 
advice,  and  written  report  upon  any  matter  referred  to  the  board  of  commissioners, 
and  the  supervisor  shall  be  entitled  to  call  meetings  of  the  commissionei-s  at  the  office 
of  the  field  supervisor,  upon  five  days'  written  notice,  to  obtain  tlieir  written  advice 
upon  any  matters  relating  to  his  work  within  their  district. 


16  CALiroUM  \     Sl'ATK    >riNI\(i     UrUEAT'. 

Complaint,  investigation  and  order. 

Sec.  11.  I'^pon  receipt  by  the  supervisor  or  (lei)uty  supervisor  of  a  written  com- 
plaint specifically  setting  forth  the  condition  complained  against,  signed  by  a  person, 
firm,  corporation  or  association  owning  land  or  operating  wells  within  a  radius  of 
one  mile  of  any  well  or  group  of  wells  complained  against,  or  upon  the  written 
complaint  specifically  setting  forth  the  condition  complained  against,  signed  by  any 
one  of  the  board  of  commissioners  for  the  district  in  which  said  well  or  group  of 
wells  complained  against  is  situated,  the  supervisor  must  make  an  investigation  of 
said  well  or  wells  and  render  a  written  report  stating  the  work  required  to  repair 
the  damage  compiaiued  of.  or  stating  that  no  work  is  required.  A  copy  of  said 
order  must  be  delivered  to  the  complainant,  or  if  more  than  one,  each  of  said  com- 
plainants, and  if  the  supervisor  order  the  damage  repaired,  a  copy  of  such  order 
shall  be  delivered  to  each  of  the  owners,  operators  or  agents  having  in  charge  the 
well  or  wells  upon  which  the  work  is  to  be  done.  Said  order  shall  contain  a  state- 
ment of  the  conditions  sought  to  be  remedied  or  repaired  and  a  statement  of  the 
work  required  by  the  supervisor  to  repair  such  condition.  Service  of  such  copies 
shall  be  made  by  mailing  to  such  persons  at  the  post-offlce  address  given. 

Testimony. 

Sec.  12.  In  any  proceeding  before  the  board  of  commissioners  as  herein  provided, 
or  in  any  other  proceeding  or  proceedings  instituted  by  the  supervisor  for  the  purpose 
of  enforcing  or  carrying  out  the  provisions  of  this  act,  or  for  the  purpose  of  holding 
an  investigation  to  ascertain  the  condition  of  any  well  or  Avells  complained  of.  or 
which  in  the  opinion  of  the  supervisor  may  reasonably  be  presumed  to  be  improperly 
drilled,  operated,  maintained  or  conducted,  the  supervisor  and  the  chairman  of  the 
board  of  commissioners  shall  have  the  power  to  administer  oaths  and  may  apply  to 
a  judge  of  the  superior  court  of  the  State  of  California,  in  and  for  the  county  in 
which  said  proceeding  or  investigation  is  pending,  for  a  subpcena  for  witnesses  to 
attend  at  said  proceeding  or  investigation.  Upon  said  application  of  said  supervisor 
or  said  chairman  of  said  board  of  commissioners,  said  judge  of  said  superior  court 
must  issue  a  subpcena  directing  said  witness  to  attend  said  proceeding  or  investiga- 
tion;  provided,  however,  that  no  person  shall  be  required  to  attend  upon  such  pro- 
ceeding, either  with  or  without  such  books,  papers,  documents  or  accounts  unless 
residing  within  the  same  county  or  within  thirty  miles  of  the  place  of  attendance. 
But  the  supervisor  or  the  chairman  of  the  board  of  commissioners  may  in  such  case 
cause  the  depositions  of  witnesses  residing  within  or  without  the  state  to  be  taken 
in  the  manner  prescribed  by  law  for  like  depositions  in  civil  actions  in  superior 
courts  of  this  state,  and  to  that  end  may.  upon  application  to  a  judge  of  the  superior 
court  of  the  county  within  which  said  proceeding  or  investigation  is  pending,  obtain 
a  subpcena  compelling  the  atteudance  of  witnesses  and  the  production  of  books, 
papers  and  documents  at  such  places  as  he  may  designate  within  the  limits  herein- 
before prescribed.  Witnesses  shall  l)e  entitled  to  receive  the  fees  and  mileage 
fixed  by  law  in  civil  causes,  payable  from  the  fund  hereinafter  created.  In  case 
of  failure  or  neglect  on  the  part  of  any  person  to  comply  with  any  order  of  the 
supervisor  as  hereinbefore  provided,  or  any  subpoena,  or  upon  the  refusal  of  any 
witness  to  testify  to  any  matter  regarding  which  he  may  lawfully  be  interrogated, 
or  upon  refusal  or  neglect  to  appear  and  attend  at  any  proceeding  or  hearing  on  the 
day  specified,  after  having  received  a  written  notice  of  not  less  than  ten  days  prior 
to  such  proceeding  or  hearing,  or  upon  his  failure,  refusal  or  neglect  to  produce  books, 
papers  or  documents  as  demanded  in  said  order  or  subpoena  upon  such  day.  such 
failure,  refusal  or  neglect  shall  constitute  a  misdemeanor  and  each  day's  further 
failure,  refusal  or  neglect  shall  be  and  be  deemed  to  be  a  separate  and  distinct 
offense,  and  it  is  hereby  made  the  duty  of  the  district  attorney  of  the  county  in 
which  said  proceeding,  hearing  or  investigation  is  to  be  held,  to  prosecute  all  persons 
guilty  of  violating  this  section  by  continuous  prosecution  until  such  person  appears 
or  attends  or  produces  such  books,  papers  or  documents  or  complies  with  said  sub- 
l»opna  or  order  of  the  supenisor  or  chairman  of  the  board  of  commissioners. 


MINING    LAWS.  17 

Final   decision,   and   order   by   commissioners. 

Sec.  lo.  Within  ten  days  after  hearing  the  evidence,  the  boara  ot  commissioners 
must  make  a  written  decision  with  respect  to  the  order  appealed  from  and  in  case 
the  same  is  affirmed  or  modified,  shall  retain  jurisdiction  thereof  until  such  time  as 
the  work  ordered  to  be  done  by  such  order  shall  be  finally  completed.  This  written 
decision  shall  be  served  upon  the  owner  or  his  agent  and  shall  supersede  the  previous 
order  of  the  supervisor.  In  case  no  written  decision  be  made  by  said  board  of  com- 
missioners within  thirty  days  after  the  date  of  notice  by  the  supervisor  as  provided 
in  section  ten  hereof,  the  order  of  the  supervisor  shall  be  effective  and  subject  only 
to  review  by  writ  of  certiorari  from  the  sviperior  court  as  provided  in  section 
fourteen  hereof. 

Repair  of  wells   by   supervisor.     Review   by   superior   court. 

Sec.  14.  On  or  before  thirty  days  after  the  date  of  serving  an  order  of  the 
supervisor,  provided  for  in  section  eight  hereof,  or  in  case  of  appeal  to  the  board  of 
commissioners,  on  or  before  thirty  days  after  date  of  serving  the  decision  of  the 
board,  as  provided  in  sections  twelve  and  thirteen  hereof,  or  in  the  event  review  be 
taken  of  the  order  of  the  board  of  commissioners  within  ten  days  after  affirmance 
of  such  order,  the  owner  shall  commence  in  good  faith  the  work  ordered  and  con- 
tinue until  completion.  If  the  work  has  not  been  so  commenced  and  continued  to 
completion,  the  supervisor  shall  appoint  agents  as  he  deems  necessary  who  shall  enter 
the  premises  and  perform  the  work.  Accurate  account  of  such  expenditures  shall  be 
kept  and  the  amount  paid  from  the  fund  hereinafter  created  upon  the  warrant  of 
the  state  controller.  Any  amount  so  expended  shall  constitute  a  lieu  against  the 
property  upon  which  the  work  is  done.  The  decision  of  the  board  of  commissioners 
in  such  case  may  be  reviewed  by  writ  of  certiorari  from  the  superior  court  of  the 
county  in  which  the  district  is  situated,  if  taken  within  ten  days  after  the  service 
of  the  order  upon  said  owner,  operator  or  agent  of  said  owner  or  operator  as  herein 
provided ;  or  within  ten  days  after  decision  by  the  board  of  commissioners  upon 
Itetitions  by  the  supervisor.  Such  writ  shall  be  made  returnable  not  later  than  ten 
days  after  the  issuance  thereof  and  shall  direct  the  district  board  of  oil  and  gas 
commissioners  to  certify  their  record  in  the  cause  to  such  court.  On  the  return  day 
the  cause  shall  be  heard  by  the  court  unless  for  good  cause  the  same  be  continued, 
i)ut  no  continuance  shall  be  permitted  for  a  longer  period  than  thirty  days.  No  new 
or  additional  evidence  shall  be  introduced  in  the  court  before  the  cause  shall  be 
heard  upon  the  record  of  the  district  board  of  oil  and  gas  commissioners.  The  review 
shall  not  be  extended  further  than  to  determine  whether  or  not 

1.  The  commission  acted  without  or  in  e.xcess  of  its  jurisdiction. 

2.  The  order,  decision  or  award  was  procured  by  fraud. 

3.  The  order,  decision,  rule  or  regulation  is  unreasonable. 

4.  The  order,  decision,  regulation  or  award  is  clearly  unsupported  by  the  evidence. 
If  no  review  be  taken   within  ten  days,  or  if  taken   in  case  the  decision   of  the 

board  is  affirmed,  the  lien  upon  the  property  shall  be  enforced  in  the  same  manner 
as  the  other  liens  on  real  property  are  enforced,  and  shall  first  be  enforced  against 
the  owner  of  the  well,  against  the  operator  and  against  the  personal  property  and 
fixtures  vised  in  the  construction  or  operation  thereof,  and  then  if  there  be  any 
deficiency  against  the  land  upon  which  the  work  is  done,  upon  the  request  of  the 
supervisor,  the  state  controller  must,  in  the  manner  provided  in  section  forty-four 
of  this  act,  bring  an  action  for  the  enforcement  of  said  lien. 

Casing.     Water  shut  off. 

Sec.  15.  It  shall  be  the  duty  of  the  owner  of  any  well  now  drilled,  or  that  may  be 
drilled  in  the  State  of  California,  on  lauds  producing  or  reasonably  presumed  to 
contain  petroleum  or  gas.  lo  properly  case  snch  well  or  wells  with  metal  casing,  in 
accordance  with  methods  approved  by  the  supervisor,  and  to  use  every  effort  and 
endeavor  in  accordance  with  the  most  approved  methods  to  effectually  shut  off  all 
water  overlying  or  underlying  the  oil  or  gas-bearing  strata,  and  to  efTectually  prevent 
any  water  from  penetrating  such  oil  or  gas-bearing  strata. 

2--33616 


18  f'ALIFOliNIA     STATK    :\IIXI\(i    BUREATI. 

Whenever  i(  iiiipears  to  the  supervisor  that  any  water  is  penetratinj^-  oil  or  gas- 
bearing  strata,  he  may  order  a  test  of  water  shut-off  and  designate  a  day  upon  which 
the  same  shall  be  held.  Said  order  shall  be  in  written  form  and  served  upon  the 
owner  of  said  well  at  least  ten  days  prior  to  the  day  designated  in  said  order  as  the 
day  upon  which  said  shut-off  test  shall  be  held.  Upon  the  receipt  of  such  order  it 
shall  be  the  duty  of  the  owner  to  hold  said  test  in  the  manner  and  at  the  time  pre- 
scribed in  said  order. 

Abandonment  of  well. 

Sec.  10.  It  shall  be  the  duty  of  the  owner  of  any  well  referred  to  in  this  act. 
before  abandoning  the  same,  or  before  removing  the  rig,  derrick  or  other  operating 
structure  therefrom,  or  i-emoving  any  portion  of  tlie  casing  therefrom,  to  use  every 
effort  and  endeavor  in  accordance  with  methods  approved  by  the  supervisor,  to  shut 
oflf  and  exclude  all  water  from  entering  oil-bearing  strata  encountered  in  the  well. 
Before  any  well  is  abandoned  the  owner  shall  give  written  notice  to  the  supervisor, 
or  his  local  deputy,  of  his  intention  to  abandon  such  well  and  of  his  intention  to 
remove  the  derrick  or  any  portion  of  the  casing  from  such  well  and  the  date  upon 
which  such  work  of  abandonment  or  removal  shall  begin.  The  notice  shall  be  given 
to  the  supervisor,  or  his  local  deputy,  at  least  five  days  before  such  proposed  aban- 
donment or  removal.  The  owner  shall  furnish  the  supervisor,  or  his  deputy  with 
such  information  as  he  may  request  showing  the  condition  of  the  well  and  proposed 
method  of  abandonment  or  removal.  The  supervisor,  or  his  deputy,  shall  before  the 
proposed  date  of  abandonment  or  removal,  furnish  the  owner  with  a  written  oi'der  of 
approval  of  his  proposal  or  a  written  order  stating  what  work  will  be  necessary 
before  approval,  to  abandon  or  remove  will  be  given.  If  the  supervisor  shall  fail 
within  the  specified  time  to  give  the  owner  a  written  oi'der  such  failure  shall  be 
considered  as  an  approval  of  the  owner's  proposal  to  abandon  the  well,  or  to 
remove  the  rig  or  casing  therefrom. 

Commencement  of  drilling. 

Sec.  17.  The  owner  or  operator  of  any  well  referred  to  in  this  act  shall,  before 
commencing  the  work  of  drilling  an  oil  or  gas  well,  file  with  the  supervisor,  or  his 
local  deputy,  a  written  notice  of  intention  to  commence  drilling.  Such  notice  shall 
also  contain  the  following  information:  (1)  Statement  of  'location  and  elevation 
above  sea  level  of  the  floor  of  the  proposed  derrick  and  drill  rig;  (2)  the  number 
or  other  designation  by  which  such  well  shall  be  known,  which  number  or  designation 
shall  not  be  changed  after  filing  the  notice  provided  for  in  this  section,  without  the 
written  consent  of  the  supervisor  being  obtained  therefor;  (3)  the  owner's  or  opera- 
tor's estimate  of  the  depth  of  the  point  at  which  water  will  be  shut  off,  together 
with  the  method  by  which  such  shut-off  is  intended  to  be  made  and  the  size  and 
weight  of  casing  to  be  used;  (4)  the  owner's  or  operator's  estimate  of  the  depth  at 
which  oil  or  gas  producing  sand  or  formation  will  be  encountered. 

After  the  completion  of  any  well  the  provisions  of  this  section  shall  also  apply,  as 
far  as  may  be,  to  the  deepening  or  redrilling  of  any  well,  or  any  operation  involving 
the  plugging  of  any  well  or  any  operations  permanently  altering  in  any  manner  the 
casing  of  any  well ;  and  provided,  further,  that  the  number  or  designation  by  which 
any  well  heretofore  drilled  has  been  known,  shall  not  be  changed  without  first  obtain- 
ing a  written  consent  of  the  supervisor. 

Log  of  well.     Prospect  well. 

Sec.  18.  It  shall  be  the  duty  of  the  owner  or  operator  of  any  well  referred  to  in 
this  act,  to  keep  a  careful  and  accurate  log  of  the  drilling  of  such  well,  such  log  to 
show  the  character  and  depth  of  the  formation  passed  through  or  encountered  in 
the  drilling  of  such  well,  and  particularly  to  show  the  location  and  depth  of  the 
water-bearing  strata,  together  with  the  character  of  the  water  encountered  from  time 
to  time  (so  far  as  ascertained)  and  to  show  at  what  point  such  water  was  shut  off,  if 
at  all,  and  if  not,  to  .so  state  in  such  log,  and  show  completely  the  amounts,  kinds  and 
size  of  casing  used,  and  show  the  depth  at  which  oil-bearing  strata  are  encountered, 
the  depth  and  character  of  same,  and  whether  all  water  overlying  and  underlying  such 


MlXIX(i    LAWS.  19 

oil-beaiiiii,'  strata  was  successfully  ami  permanently  shut  off  so  as  to  iirevent  the 
percolation  or  penetration  into  such  oil-bearing  strata  ;  such  log  shall  be  kept  in 
the  local  office  of  the  owner  or  operator,  and  together  with  the  tour  reports  of  said 
owner  or  operator,  shall  be  subject,  during  business  hours,  to  the  inspection  of  the 
supervisor,  or  any  of  his  deputies,  or  any  of  the  commissioners  of  the  district, 
except  in  the  case  of  a  prospect  well  as  hereinafter  defined.  Upon  the  completion 
of  anj-  well,  or  upon  the  suspension  of  operations  upon  any  well,  for  a  period  of  six 
months  if  it  be  a  prospect  well,  or  for  thirty  days,  if  it  be  in  proven  territory,  a 
copy  of  said  log  in  duplicate,  and  in  such  form  as  the  supervisor  may  direct,  shall 
be  filed  within  ten  days  after  such  completion,  or  after  the  expiration  of  said  thirty- 
day  period,  with  the  field  supervisor,  and  a  like  copy  shall  be  filed  upon  the  completion 
of  any  additional  work  in  the  deepening  of  any  such  well. 

The  state  oil  and  gas  supervisor  shall  determine  and  designate  what  wells  are 
prospect  wells  within  the  meaning  of  this  act  and  no  reports  shall  be  required  from 
such  prospect  wells  until  six  months  after  the  completion  thereof. 

The  owner  or  operator  of  any  well  drilled  previous  to  the  enactment  of  this  act 
shall  furnish  to  the  supervisor  or  his  deputy  a  complete  and  correct  log  in  duplicate 
and  in  such  form  as  the  supervisor  may  direct,  or  his  deputy,  of  such  well,  so  far 
as  may  be  possible,  together  with  a  statement  of  the  present  condition  of  said  well. 

Test  of  shut-off. 

Sec.  19.  It  shall  be  the  duty  of  the  owner  or  operator  of  any  well  referred  to  in 
this  act  to  notify  the  deputy  supervisor  of  the  time  at  which  the  owner  or  operator 
shall  test  the  shut-off  of  water  in  any  such  well.  Such  notice  shall  be  given  at  least 
five  days  before  such  test.  The  deputy  supervisor  or  an  inspector  designated  by  the 
supervisor  shall  be  present  at  such  test  and  shall  render  a  report  in  writing  of  the 
result  thereof  to  the  supervisor,  a  duplicate  of  which  shall  be  delivered  to  the 
owner.  If  any  test  shall  be  unsatisfactory  to  the  supervisor  he  shall  so  notify  the 
owner  or  operator  in  said  report  and  shall  within  five  days  after  the  completion  of 
such  test,  order  additional  tests  of  such  work  as  he  deems  necessary  to  properly 
shut  off  the  water  in  such  well  and  in  such  order  shall  designate  a  day  upon  which 
the  owner  or  operator  shalT  again  test  the  shut-off  of  water  in  any  such  well,  which 
day  may.  upon  the  application  of  the  owner,  be  changed  from  time  to  time  in  the 
discretion  of  the  deputj'  supervisor. 

Production  reports. 

Sec.  20.  It  shall  be  the  duty  of  every  person,  association  or  corporation  produc- 
ing oil  in  the  State  of  California,  to  file  with  the  supervisor,  at  his  request  but  not 
oftener  than  once  in  each  month,  a  statement  showing  amount  of  oil  produced 
during  the  period  indicated  fi-om  each  well,  together  with  its  gravity  and  the  amount 
of  water  produced  from  each  well,  estimated  in  accordance  with  methods  approved 
by  the  supervisor,  and  the  number  of  days  during  which  fluid  was  produced  from 
each  well,  the  number  of  wells  drilling,  producing,  idle  or  abandoned,  owned  or 
operated  by  said  person,  association  or  corporation  :  provided,  that,  upon  request  and 
satisfactory  showing  a  longer  intenal  may  be  fixed  by  the  state  oil  and  gas  supervisor 
as  to  such  reports  in  the  case  of  any  specific  owner  or  operator. 

This  information  shall  be  in  such  form  as  the  supervisor  may  designate. 

Penalty. 

Sec.  21.  Any  owner  or  operator  of  a  well  referred  to  in  this  act,  or  employee 
thereof,  who  refuses  to  permit  the  supervisor,  or  his  deputy,  to  inspect  the  same,  or 
who  wilfully  hinders  or  delajTS  the  enforcement  of  this  act,  and  every  person,  firm, 
or  corporation,  who  violates  any  provision  of  this  act,  is  guilty  of  a  misdemeanor 
and  shall  be  punishable  by  a  fine  of  not  less  than  one  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  thirty  days,  or  by  both  such  fine 
and  imprisonment. 

Police   power   of  the   state. 

Sec.  21a.  The  charges  hereinafter  provided  for  are  directed  to  be  levied  by  the 
State  of  California  as  necessary  in  the  exercise  of  its  police  power  and  to  provide  a 


20  CAI.lFOltNIA    S'rA'I'H    MINING    BUREAU. 

means  by  which  to  supervise  and  protect  deposits  of  petroleum  and  gas  within  the 
State  of  California,  in  which  deposits  the  people  of  the  State  of  California  are 
hereby  declared  to  have  a  primary  and  supreme  interest. 

Charges  assessed. 

Sec.  22.  Charges  levied,  assessed  and  collected  as  hereinafter  provided  upon  the 
properties  of  every  person,  firm,  corporation  or  association  operating  any  well  or 
wells  for  the  production  of  petroleum  in  this  state,  or  operating  any  well  or  wells  for 
the  production  of  natural  gas  in  this  state  which  gas  wells  are  situate  on  lands 
situate  within  two  miles,  as  near  as  may  be,  of  any  petroleum  or  gas  well  the  produc- 
tion of  which  is  chargeable  under  (his  act,  shall  be  used  exclusively  for  the  support 
and  maintenance  of  the  department  of  petroleum  and  gas  hereinbefore  created,  and 
shall  be  assessed  and  levied  by  the  state  mineralogist,  and  collected  in  the  manner 
hereinafter  provided. 

Charges  on  oil. 

Sec.  23.  Every  person,  firm,  corporation  or  association  operating  any  petroleum 
well  or  wells  in  this  state  shall  annually  pay  a  charge  to  the  state  treasurer  at  a 
uniform  rate  per  barrel  of  petroleum  produced  for  the  preceding  calendar  year  al 
the  time  and  in  the  manner  hereinafter  provided,  based  upon  a  verified  report  as 
herein  provided. 

Charges  on  gas. 

Sec.  24.  Every  person,  firm,  corporation  or  association  operating  any  gas  well 
or  wells  in  this  state  shall  annually  pay  a  charge  to  the  state  treasurer  based  upon 
the  amount  of  gas  sold  in  the  preceding  calendar  year,  at  a  fixed  rate  per  thousand 
cubic  feet,  at  the  times  and  in  the  manner  hereinafter  provided,  based  upon  a  verified 
report  as  herein  provided. 

Charges  on   land. 

Sec.  25.  Every  person,  firm,  corporation  or  association  owning  any  oil  land,  as 
determined  by  the  supervisor,  shall  annually  pay  a  charge  to  the  state  treasurer  at 
the  time  and  in  the  manner  hereinafter  provided,  which  charge  shall  be  a  uniform 
rate  per  acre.  Said  charge  shall  be  based  upon  a  verified  report  as  provided  herein  ; 
provided,  however,  that  such  lands  so  assessed  shall  not  be  called  upon  to  pay  more 
than  one-tenth  of  the  total  charges  or  moneys  proposed  to  be  assessed,  levied  and 
collected  under  the  provisions  of  this  act  for  any  one  year. 

Sec.  2G.  The  charges  assessed,  levied  and  to  be  collected  under  the  provisions  of 
this  act  shall  be  in  addition  to  any  and  all  charges,  taxes,  assessments  or  licenses  of 
any  kind  or  nature  paid  by  or  upon  the  properties  assessed  hereunder. 

Annual  financial  estimate. 

Sec.  27.  The  state  mineralogist  shall  annually,  on  or  before  the  first  Monday  in 
March,  acting  in  conjunction  with  the  state  board  of  control,  make  an  estimate  of 
the  amount  of  moneys  which  shall  be  required  to  carry  out  the  provisions  of  this  act. 

At  the  time  of  making  such  estimate,  the  state  mineralogist  shall  report  to  the 
state  board  of  control  the  amount  of  money  in  the  petroleum  and  gas  fund  on  the 
day  such  estimate  is  made,  less  the  amount  of  money  necessary  for  the  support  of 
the  department  of  petroleum  and  gas  for  the  remainder  of  the  fiscal  year,  and  the 
amount  of  such  estimate  shall  in  no  event  exceed  the  difference  between  the  amount 
thus  determined  as  remaining  in  the  petroleum  and  gas  fund  at  the  end  of  the  fiscal 
year  and  the  sum  of  one  hundred  fifty  thousand  dollars. 

Annual  reports  by  owners. 

Sec.  28.  The  state  mineralogist  shall  prescribe  the  form  and  contents  of  all 
reports  for  making  the  charge  or  other  purposes  to  carry  out  the  intent  and  pro- 
vision of  this  act,  which  form  shall  be  mailed  in  duplicate  to  the  person,  firm, 
corporation  or  association  owning  property  or  assessed  under  the  provisions  of 
this  act. 

Sec.  29.  Every  person,  firm,  corporation  or  association  chargeable  under  the 
provisions  of  this  act,  shall   within   ten   days  after   the  first  Monday  in   March  of 


MIXIXG    LAWS.  21 

each  year,  report  to  and  file  with  the  state  mineralogist,  a  report  in  such  form  as 
said  officer  may  prescribe,  giving  any  and  all  items  of  information  as  may  be 
demanded  by  said  report,  and  necessary  to  carry  out  the  provisions  of  this  act,  which 
report  shall  be  verified  by  such  person  or  oflicer  as  the  state  mineralogist  may 
designate. 

Sec.  30.  If  any  person,  firm,  corporation  or  association  chargeable  under  the 
provisions  of  this  act  shall  fail  or  refuse  to  furnish  the  state  mineralogist  within 
the  time  prescribed  in  this  act  the  verified  report  provided  for  in  this  act,  the  state 
mineralogist  must  note  such  failure  or  refusal  in  the  record  of  assessments  herein- 
after in  this  act  provided  for,  and  must  make  an  estimate  of  the  petroleum  or  gas 
production,  or  landed  area  to  be  assessed  of  any  such  person,  firm,  corporation  or 
association  and  must  assess  the  same  at  the  amount  thus  estimated  and  compute 
the  charge  thereon,  which  assessment  and  charge  shall  be  the  assessment  and  charge 
for  such  year.  And  if  in  the  succeeding  year  any  such  person,  firm,  corporation  or 
association  shall  again  fail  and  refuse  to  furnish  the  verified  report  required  by  this 
act,  the  state  mineralogist  shall  make  an  estimate  as  aforesaid,  which  estimate  shall 
not  be  less  than  twice  the  amount  of  the  estimate  made  by  him  for  the  previous  year, 
and  shall  note  such  failure  or  refusal. as  above  provided,  and  the  said  estimate  so 
made  shall  be  the  assessment  or  charge  for  said  year.  In  case  of  each  succeeding 
consecutive  failure  or  refusal  the  said  state  mineralogist  shall  follow  the  same 
procedure  until  a  true  statement  or  report  shall  be  furnished. 

Penalty. 

Sec.  31.  Any  person,  firm,  corporation  or  association  failing  or  refusing  to  make  or 
furnish  any  report  which  may  be  required  pursuant  to  the  provisions  of  this  act,  or 
who  wilfully  renders  a  false  or  fraudulent  report,  shall  be  guilty  of  a  misdemeanor 
and  subject  to  a  fine  of  not  less  than  three  hundred  dollars,  nor  more  than  one  thou- 
sand dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  six  months,  or 
both  sufh  fine  and  imprisonment  for  each  such  offense. 

Extension    date   filing    reports. 

Sec.  32.  The  state  mineralogist  may,  for  good  cause  shown,  by  order  entered 
upon  his  minutes,  extend  for  not  exceeding  thirty  daj-s,  the  time  fixed  in  this  act 
for  filing  any  report  herein  provided  for. 

Rate  of  assessment. 

Skc.  ^i.  On  or  before  the  third  Monday  before  the  first  Monday  in  .July  of  eacii 
year,  the  state  mineralogist  shall  determine  the  rate  or  rates  which  shall  produce  the 
sums  necessary  to  be  raised  as  provided  in  section  twenty-seven  of  this  act.  Within 
the  same  time  the  said  state  mineralogist  shall  extend  into  the  proper  column  of  the 
record  of  assessments  hereinafter  provided  for,  the  amount  of  charges  due  from  each 
person,  firm,  corporation  or  association. 

Sec.  34.  Between  the  first  Monday  in  March  and  the  third  Monday  before  the 
first  Monday  in  July  in  each  year,  the  state  mineralogist  must  assess  and  levy  the 
charges  as  and  in  the  manner  provided  for  in  this  act.  The  assessments  must  be 
made  to  the  person,  firm,  corporation  or  association  owning  or  operating  the  property 
subject  to  assessment  hereunder  on  the  first  Slonday  in  March.  If  the  name  of  the 
owner  is  unknown  to  the  state  mineralogist,  such  assessment  must  be  made  to 
unknown  owners.  Clerical  errors  occurring  or  appearing  in  the  name  of  any  person, 
firm,  corporation  or  association  whose  property  is  properly  assessed  and  charged,  or 
in  the  making,  or  extension  of  any  assessment  or  charge  upon  the  records,  which  dc 
not  affect  the  substantial  rights  of  the  payer,  shall  not  invalidate  the  assessment 
or  charge. 

Equalization. 

Sec.  35.  The  state  mineralogist  and  the  chairman  of  the  state  board  of  coutro! 
and  the  chairman  of  the  state  board  of  equalization  shall  constitute  a  board  of 
review,  correction  and  equalization,  and  shall  have  all  the  powers  and  perform  such 
duties  as  usually  devolve  upon  a  county  board  of  equalization  under  the  provisions 


22  rAi.iFoiJxr.v  statk  jiinixo  bukkaf. 

of  section  three  thousand  six  hundred  seventy-two  of  the  Political  Code.  The  state 
mineralogist  shall  act  as  secretary  of  said  board,  and  shall  keep  an  accurate  minute 
of  the  proceedings  thereof.  Said  board  of  review,  correction  and  equalization  shall 
meet  at  the  state  capitol  on  the  third  Monday  before  the  first  Monday  in  July  of 
each  year,  and  remain  in  session  from  day  to  day  until  the  first  Monday  in  July  for 
the  purpose  of  carrying  out  the  provisions  of  this  section. 

Publication    of   assessment    notice. 

Sec.  36.  On  the  third  Monday  before  the  first  Monday  in  July  of  each  year  the 
state  mineralogist  shall  cause  to  be  published  a  notice,  one  or  more  times,  in  a  daily, 
or  weekly,  or  semiweekly  newspaper  of  general  circulation  published  in  the  counties 
of  Fresno,  Kern,  Los  Angeles,  Orange,  Ventura  and  Santa  Barbara,  and  such  other 
counties  as  may  contain  lands  or  produce  oil  or  gas  charged  under  and  pursuant  to 
the  terras  and  provisions  of  this  act,  if  one  be  published  therein,  otherwise  in  a  news- 
paper of  general  circulation  published  in  the  county  nearest  to  such  county  designated 
herein  in  which  no  such  paper  is  published,  that  the  assessment  of  property  and  levy 
of  charges  under  and  in  pursuance  of  this  act  has  been  completed  and  that  the  records 
of  assessments  containing  the  charges  due  will  be  delivered  to  the  state  controller  on 
the  first  Monday  in  July,  and  that  if  any  person,  firm,  corporation  or  association  is 
dissatisfied  with  the  assessment  made  or  charge  fixed  by  the  state  mineralogist,  he 
or  it  may,  at  any  time  before  said  first  Monday  in  July,  apply  to  said  board  of  review, 
correction  and  equalization  to  have  the  same  corrected  in  any  particular.  The  said 
board  shall  have  the  power  at  any  time  before  said  first  Monday  in  July  to  correct 
the  record  of  assessments  and  may  increase  or  decrease  any  assessment  or  charge 
therein  if  in  its  judgment  the  evidence  presented  or  obtained  warrants  such  action. 
Costs  of  such  publication  in  any  county  shall  be  paid  from  the  petroleum  and  gas 
fund;  provided,  however,  that  the  omission  to  publish  said  notice  as  hereinbefore 
and  in  this  section  provided,  shall  not  affect  the  validity  of  any  assessment  levied 
under  or  pursuant  to  the  provisions  of  this  act. 

Record  of  assessment. 

Sec.  37.  The  state  mineralogist  must  prepare  each  year  a  book  in  one  or  more 
volumes,  to  be  called  the  "Record  of  assessments  and  charges  for  the  petroleum  and 
gas  fund."  in  which  must  be  entered,  either  in  writing  or  pi'inting.  or  both  writing 
and  printing,  each  assessment  and  levy  or  charge  made  by  him  upon  the  property 
provided  to  be  assessed  and  charged  under  this  act,  describing  the  property  assessed, 
and  such  assessments  may  be  classified  and  entered  in  such  separate  parts  of  said 
record  as  said  state  mineralogist  shall  prescribe. 

Sec.  38.  On  the  first  Monday  in  July  the  state  mineralogist  must  deliver  to  the 
state  controller  the  record  of  assessments  and  charges  for  the  petroleum  and  gas  fund, 
certified   to   by   said   state   mineralogist,   which   certificate   shall   be   substantially   as 

follows  :  "I, ,  state  mineralogist,  do  hereby  certify  that  between  the 

first  Monday  in  March  and  the  first  Monday  in  July,  19 ,  I  made  diligent  inquiry 

and  examination  to  ascertain  all  property  and  persons,  firms,  corporations  and 
associations  subject  to  assessment  for  the  purpose  of  the  petroleum  and  gas  fund  as 
required  by  the  provisions  of  the  act  of  legislature  approved  June  10.  1915,  providing 
for  the  assessment  and  collection  of  charges  for  oil  protection  ;  that  I  have  faithfully 
complied  with  all  the  duties  imposed  upon  me  by  law ;  that  I  have  not  imposed  any 
unjust  or  double  assessment  through  malice  or  ill  will,  or  otherwise:  nor  allowed 
any  person,  firm,  corporation  or  association  or  property  to  escape  a  just  assessment 
or  charge  through  favor  or  regard,  or  otherwise."  But  the  failure  to  subscribe  such 
certificate  to  such  record  of  assessments  and  charges  for  oil  protection,  or  any 
certificate,  shall  not  in  any  manner  affect  the  validity  of  any  assessment  or  charge. 

Payment  of  charges. 

Sec.  39.  The  charges  levied  and  assessed  under  the  provisions  of  this  act  shall 
be  due  and  payable  on  the  first  Monday  in  July  in  each  year,  and  one-half  thereof 
shall  be  delinquent  on  the  sixth  Monday  after  the  first  Monday  in  July  at  six  o'clock 
p.m.  and  unless  paid  prior  thereto,  fifteen  per  cent  shall  be  added  to  the  amount 
thereof,  and  unless  paid  prior  to  the  first  Monday  in  February  next  thereafter  at 


MINING    LAWS.  23 

six  o'clock  p.m.,  an  additional  five  per  cent  shall  be  added  to  the  amount  thereof, 
and  the  unpaid  portion,  or  the  remaining  one-half  of  said  charges  shall  become 
delinquent  on  the  first  Monday  in  February  next  succeeding  the  day  upon  which 
they  become  due  and  payable,  at  six  o'clock  p.m. ;  and  if  not  paid  prior  thereto  five  per 
cent  shall  be  added  to  the  amount  thereof. 

Publication  of  notice  of  payments  due. 

Sec.  40.  Within  ten  days  after  the  receipt  of  the  record  of  assessments  and 
charges  for  oil  protection,  the  state  controller  must  begin  the  publication  of  a  notice 
to  api>ear  daily  for  five  days,  in  one  daily  newspaper  of  general  circulation  published 
in  each  of  the  counties  of  Fresno.  Kern.  Los  Angeles.  Orange,  Ventura  and  Santa 
Barbara,  and  such  other  counties  as  maj-  contain  lands  or  produce  oil  or  gas  charged 
under  or  pursuant  to  the  terms  and  provisions  of  this  act.  if  one  be  published  thei'ein, 
otherwise  for  at  least  two  times  in  a  weekly  or  semiweekly  paper  of  general  circula- 
tion published  therein,  or  if  there  be  neither  a  daily  nor  weekly  nor  semiweekly 
paper  of  general  circulation  published  in  any  one  of  such  counties,  then  the 
publication  of  the  notice  for  such  county  shall  be  made  in  a  similar  manner  in  a 
newspaper  of  general  circulation  published  in  the  county  nearest  such  county, 
specifying:  (1)  That  he  has  received  from  the  state  mineralogist  the  record  of 
assessments  and  charges  for  oil  protection;  (2)  that  the  charges  therein  assessed 
and  levied  are  due  and  payable  on  the  first  Monday  in  July  and  that  one-half  thereof 
will  be  delinquent  on  the  sixth  Monday  after  the  first  Monday  in  July  at  six  o'clock 
p.m.,  and  that  unless  paid  to  the  state  treasurer  at  the  capital  prior  thereto,  fifteen 
per  cent  will  be  added  to  the  amount  thereof,  and  unless  paid  prior  to  the  first 
Monday  in  February  next  thereafter  at  six  o'clock  p.m..  and  additional  five  per  cent 
will  be  added  to  the  amount  thereof ;  and  that  the  remaining  one-half  of  said  charges 
will  become  delinquent  on  the  first  Monday  in  February  next  succeeding  the  day  upon 
which  thej'  become  due  and  paj'able.  at  six  o'clock  p.m.  and  if  not  paid  to  the  state 
treasurer  at  the  capital  prior  thereto,  five  per  cent  will  be  added  to  the  amount 
thereof.  Costs  of  such  publication  in  any  county  shall  be  paid  from  the  petroleum 
and  gas  fund. 

Charges  become  lien. 

Sec.  41.  The  assessments  and  charges  levied  under  the  provisions  of  this  act 
shall  constitute  a  lien  upon  all  the  property  of  every  kind  and  nature  belonging  to  the 
persons,  firms,  corporations  and  associations  assessed  under  the  provisions  hereof, 
which  lien  shall  attach  on  the  first  Monday  in  March  of  each  year.  Such  lien  shall 
be  enforced  and  said  charges  collected  by  an  action  by  the  state  controller  as  provided 
in  section  forty-four  of  this  act. 

Charges  payable  to  treasurer. 

Sec.  42.  All  charges  assessed  and  levied  under  the  provisions  of  this  act  shall  be 
paid  to  the  state  treasurer  upon  the  order  of  the  state  controller.  The  controller 
must  mark  the  date  of  payment  of  any  charge  on  the  record  of  assessments  for  the 
petroleum  and  gas  fund  and  shall  give  a  receipt  for  such  payment  in  such  form  as 
the  controller  may  prescribe.  Errors  appearing  upon  the  face  of  any  assessment  on 
said  record  of  assessments  or  over  charges  may  be  corrected  by  the  controller  by  and 
with  the  consent  of  the  state  board  of  control,  in  such  manner  and  at  such  time  as 
said  controller  and  said  board  shall  agree  upon. 

Protest  of  charges. 

Sec.  43.  Any  pereon,  firm,  corporation  or  association  claiming  and  protesting  as 
herein  provided  that  the  assessment  made  or  charges  assessed  against  him  or  it  by  the 
state  mineralogist  is  void,  in  whole  or  in  part,  may  bring  an  action  against  the  state 
treasurer  for  the  recovery  of  the  whole  or  any  part  of  such  charges,  penalties  or 
costs  paid  on  such  assessment,  upon  the  grounds  stated  in  said  protest,  but  no 
action  may  be  brought  later  than  the  third  Monday  in  February  next  following  the 
(lay  upon  which  the  charges  were  due,  nor  unless  such  person,  firm,  corporation  or 
association  shall  have  filed  with  the  state  controller  at  the  time  of  payment  of  such 
charges,  a  written  protest  stating  whether  the  whole  assessment  or  charge  is  claimed 


24  CALIIOKXIA    S'l-A'I'K    ^MIXING    BURKAT'. 

to  1)0  void,  or  if  a  part  only,  what  part,  and  the  grounds  upon  which  such  claim  is 
founded,  and  when  so  paid  under  protest  the  payment  shall  in  no  case  be  regarded 
as  voluntary. 

Whenever,  under  the  provisions  of  this  section,  an  action  is  commenced  against 
the  state  treasurer,  a  copy  of  the  complaint  and  of  the  summons  must  be  served  upon 
the  treasurer,  or  his  deputy.  At  the  time  the  treasurer  demurs  or  answers,  he  may 
demand  that  the  action  be  tried  in  the  superior  court  of  the  county  of  Sacramento, 
which  demand  must  be  granted.  The  attorney  employed  by  the  state  oil  and  gas 
supervisor  must  defend  such  action  ;  provided,  however,  the  said  mineralogist  may 
at  the  request  of  the  said  oil  and  gas  supervisor  employ  additional  counsel,  the 
expense  of  which  employment  shall  be  paid  from  the  petroleum  and  gas  fund.  The 
provisions  of  the  Code  of  Civil  Procedure  relating  to  pleadings,  proofs,  trials  and 
appeals  are  applicable  to  the  proceedings  herein  provided  for. 

A  failure  to  be  in  such  action  withiu  the  time  herein  specified  shall  be  a  bar 
ngainst  the  recovery  of  such  charges.  In  any  such  action  the  coui't  shall  have  the 
power  to  render  judgment  for  the  plaintiff  for  any  part  or  portion  of  the  charge, 
penalties,  or  costs  found  to  be  void  and  so  paid  by  plaintiff  upon  such  assessment. 

Delinquent  charges. 

Sec.  44.  The  state  controller  shall,  on  or  before  the  thirtieth  day  of  May  next 
following  the  delinquency  of  any  charge  as  provided  in  this  act,  bring  an  action  in 
a  court  of  competent  jurisdiction,  in  the  name  of  the  people  of  the  State  of  Cali- 
fornia, in  the  county  in  which  the  property  assessed  is  situated,  to  collect  any  delin- 
quent charges  or  assessments,  together  with  any  penalties  or  costs,  which  have  not 
been  paid  in  accordance  with  the  provisions  of  this  act  and  appearing  delinquent 
\ipon  the  records  of  assessments  and  charges  for  the  petroleum  and  gas  fund  in  this 
action  provided  for. 

The  attorney  for  the  state  oil  and  gas  supervisor  shall  commence  and  prosecute 
such  action  to  final  judgment  and  the  provisions  of  the  Code  of  Civil  Procedure 
relating  to  service  of  summons,  pleadings,  proofs,  trials  and  appeals  are  applicable 
to  the  proceedings  herein  provided  for.  The  state  mineralogist  may  employ  additional 
counsel  to  assist  the  attorney  for  the  state  oil  and  gas  supervisor,  and  the  expense 
of  such  employment  shall  be  paid  from  the  petroleum  and  gas  fund. 

Payments  of  the  penalties  and  charges,  or  amount  of  the  judgment  recovered  in 
such  action  must  be  made  to  the  state  treasurer.  In  such  actions  the  record  of 
assessment  and  charges  for  oil  protection,  or  a  copy  of  so  much  thereof  as  is  appli- 
cable in  said  action,  duly  certified  by  the  controller  showing  uupaid  charges  against 
any  person,  firm,  corporation  or  association  assessed  by  the  state  mineralogist  is 
prima  facie  evidence  of  the  assessment  upon  the  property,  the  delinquency,  tho 
amount  of  charges,  penalties,  and  costs  due  and  unpaid  to  the  state,  and  that  the 
person,  firm,  corporation  or  association  is  indebted  to  the  people  of  the  State  of 
California  in  the  amount  of  charges  and  penalties  therein  appearing  unpaid  and  that 
all  the  forms  of  law  in  relation  to  the  assessment  of  such  charges  have  been  com- 
plied with. 

First  assessment,  March,  1916. 

Sec.  45.  The  first  assessment  under  the  provisions  of  this  act  shall  be  as  of  the 
first  Monday  in  March,  nineteen  hundred  sixteen,  and  the  reports  of  petroleum 
production  and  sales  of  gas  herein  provided  to  be  assessed  shall  be  reported  for  the 
calendar  year  ending  December  thirty-first,  nineteen  hundred  fifteen.  The  lands 
herein  provided  to  be  assessed  and  charged  shall  be  assessed  to  the  owners  thereof 
as  of  the  first  Monday  in  March,  nineteen  hundred  sixteen. 

Disposal  of  funds. 

Sec.  46.  All  the  moneys  heretofore  paid  to  the  state  treasurer  under  or  pursuant 
to  the  provisions  of  this  act  and  deposited  to  the  credit  of  the  oil  protection  fund, 
shall  be  withdrawn  from  said  fund,  which  is  hereby  abolished,  and  deposited  to  the 
credit  of  the  petroleum  and  gas  fund  which  is  hereby  created.  All  of  the  moneys 
hereafter  paid  to  the  state  treasurer  under  or  pursuant  to  the  provisions  of  this  act 
shall  be  deposited  to  the  credit  of  the  petroleum  and  gas  fund.     All  moneys  in  such 


;\fixTyo  LAWS.  J,o 

(viud  shall  lie  cxpoiuied  mulcr  the  din;otion  of  the  state  mineralogist,  drawn  from  such 
fund  for  l!io  purpose  of  this  act  upon  warrants  drawn  by  the  controller  of  the  state, 
upon  demands  made  by  the  state  mineralogist,  and  audited  by  the  state  board  of 
control.  Of  the  moneys  in  said  i)etroleuni  and  gas  fund,  when  such  action  has  been 
authorized  by  the  state  board  of  control,  the  state  mining  bureau  may  withdraw, 
without  at  the  time  furnishing  vouchers  and  itemized  statements,  a  sum  not  to  exceed 
live  hundred  dollars,  said  sum  so  drawn  to  be  used  as  a  revolving  fund  where  cash 
advances  are  necessary.  At  the  close  of  each  fiscal  year,  or  at  any  other  time,  upon 
demand  of  the  board  of  control,  the  moneys  so  drawn  shall  be  accounted  for  and 
substantiated  by  vouchers  and  itemized  statements  submitted  to  and  audited  by  the 
board  of  control. 

Skc.  47.  All  moneys  receixed  in  repayment  of  repair  work  done  under  the  order 
and  direction  of  the  supervisor  as  hereinbefore  provided,  shall  be  returned  and 
credited  to  the  petroleum  and  gas  fund. 

Annual   report   by  supervisor. 

Sec.  48.  On  or  before  the  first  day  of  October  of  each  and  every  year  the  super- 
visor shall  submit  a  report  in  writing  to  the  state  mineralogist  showing  the  total 
number  of  barrels  of  petroleum  produced  in  each  county  in  the  state  during  the 
previous  calendar  year,  together  with  the  total  cost  of  said  department  for  the 
previous  fiscal  .vear  and  the  net  amount  remaining  in  the  petroleum  and  gas  fund 
available  for  the  succeeding  fiscal  year's  expense,  also  the  total  amount  delinquent 
and  uncollected  from  any  assessments  or  charges  levied  under  or  pursuant  to  the 
provisions  of  this  act.  Such  report  shall  also  include  such  other  information  as  the 
supervisor  may  deem  advisable.  The  state  mineralogist  shall  make  public  such 
statements  promptly  after  receipt  of  the  same  from  the  supersMsor  for  the  benefit  of 
all  parties  interested  therein. 

Recording  of  leases. 

Sec.  49.  The  owner  or  operator  of  any  lauds  or  tenements  subject  to  assessment 
under  this  act  shall,  within  six  months  after  this  act  goes  into  effect,  file  with  the 
supervisor  a  certificate  which  shall  contain  the  names  of  all  the  parties  claiming  an 
interest  in  or  to  said  lands  and  full  description  of  the  property  and  the  names  of  all 
parties  in  interest  where  such  interest  is  held  by  lease,  license  or  assignment. 

Definitions. 

Sec.  50.  Whenever  the  term  "supervisor"  is  used  in  this  act  it  shall  be  taken 
to  mean  the  "state  oil  and  gas  supervisor,"  the  term  "oil"  shall  include  "petroleum," 
the  term  "petroleum"  shall  include  "oil,"  the  term  "gas"  shall  mean  natural  gas 
coming  from  the  earth,  the  term  "operator"  shall  mean  any  person,  firm  or  corpora- 
tion drilling,  maintaining,  operating,  pumping,  or  in  control  of  a  well  in  any  territory 
which  the  supervisor  determines  to  be  oil  or  gas  producing  territory,  the  term 
"owner"  shall  include  "operator"  when  any  oil  or  gas  well  is  operated  or  has  been 
operated  or  is  about  to  be  operated  by  any  person,  firm  or  corporation  other  than  the 
owner  thereof,  and  the  term  "operator"  shall  include  "owner"  when  any  such  well  is 
or  has  been  or  is  about  to  be  operated  by  or  under  the  direction  of  the  owner,  except 
that  all  the  provisions  of  this  act  relating  to  assessments  for  the  purposes  of  this  act 
based  upon  the  annual  production  of  oil  or  petroleum  or  sale  of  gas,  as  set  forth  in 
sections  twenty-two  to  forty-five,  inclusive  of  this  act,  shall  apply  only  to  a  person, 
firm  or  corporation  operating  an  oil  or  petroleum  or  gas  well,  and  shall  not  apply  to. 
the  owner  of  such  well  if  some  person,  firm  or  corporation,  other  than  such  owner, 
has  been  actually  operating  the  well  during  the  whole  period  for  which  such  annual 
charge  is  made,  but  in  the  event  that  the  actual  operation  of  any  such  well  changes 
hands  during  such  period,  the  charge  shall  be  apportioned  upon  the  basis  of  the  oil 
or  petroleum  or  gas  produced,  and  the  lien  provided  for  in  section  forty-one  of  this 
act  shall  be  n  lien  against  the  property  of  each  and  all  such  operators. 

Appropriation  first  year. 

Sec.  ni.  There  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury, 
not   otherwise   appropriated,   the   sum   of   twenty    thousand   dollars   which   said   sum 


26  CAI.IFOl^NIA    STATE    MINING    BUREAU. 

shall  be  immediately  transferred  by  the  state  controller  on  the  books  of  his  office 
from  the  general  fund  to  the  "oil  protection  fund"  created  by  section  forty-six  of 
this  act. 

The  above  mentioned  fund  shall  be  available  for  the  uses  of  the  state  mineralogist 
for  the  maintenance  of  the  department  of  petroleum  and  gas  and  for  the  necessary 
expenses  of  the  controller  in  carrying  out  the  provisions  of  this  act.  When  the 
collections  paid  to  the  state  treasurer,  as  herein  provided,  equal  the  sum  of  thirty 
thousand  dollars  then  said  sum  of  twenty  thousand  dollars  shall  be  re-transferred 
from  the  oil  protection  fund  to  the  general  fund.  The  moneys  received  into  the 
state  treasux'y  through  the  provisions  of  this  act  are  hereby  appropriated  for  the 
uses  and  purposes  herein  specified. 

Constitutionality. 

Sec.  52.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for 
any  reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity 
of  the  remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would 
have  passed  this  act,  and  each  section,  subsection,  sentence,  clause,  and  phrase 
thereof,  irrespective  of  the  fact  that  any  one  or  more  other  sections,  subsections, 
sentences,  clauses,  or  phrases  be  declared  unconstitutional. 

Incorporated  cities. 

Sec.  53.  This  act  shall  be  liberally  construed  to  meet  its  purposes  and  the 
supervisor  shall  have  all  powers  which  may  be  necessary  to  carry  out  the  purposes 
of  this  act,  but  the  provisions  of  this  act  shall  not  apply  to  any  land  or  wells 
situated  within  the  boundaries  of  an  incorporated  city  where  the  drilling  of  oil  wells 
is  prohibited. 

Repeal  of  previous  law. 

Sec.  54.  That  certain  act  entitled  "An  act  to  prevent  injury  to  oil,  gas  or 
petroleum-bearing  strata  or  formations  by  the  penetration  or  infiltration  of  water 
therein,"  approved  March  20,  1909,  together  with  all  acts  amendatory  thereof  and 
supplemental  thereto  and  all  acts  in  conflict  herewith  are  hereby  repealed.  Nothing 
herein  shall  be  construed  as  affecting  the  provisions  of  the  act  of  June  16,  1913. 
establishing  a  state  mining  bureau. 


MININ-(i    LAWS.  27 

FEDERAL  STATUTES. 


Title  XXXII,   Chapter  6,   Revised  Statutes. 

Sec.  2319.  All  valuable  mineral  deposits  in  lands  belonging  to  the  United  States, 
both  surveyed  and  unsurveyed,  are  hereby  declared  to  be  free  and  open  to  exploration 
and  purchase,  and  the  lands  in  which  they  are  found  to  occupation  and  purchase,  by 
citizens  of  the  United  States  and  those  who  have  declared  their  intention  to  become 
such,  under  regulations  prescril)ed  by  law,  and  according  to  the  local  customs  or 
rules  of  miners  in  the  several  mining  districts,  so  far  as  the  same  are  applicable  and 
not  inconsistent  with  the  laws  of  the  United  States. 

Lode   Claims. 

Sec.  2320.  Mining  claims  upon  veins  or  lodes  of  quartz  or  other  rock  in  place 
bearing  gold,  silver,  cinnabar,  lead,  tin,  copper,  or  other  valuable  deposits,  heretofore 
located,  shall  be  governed  as  to  length  along  the  vein  or  lode  by  the  customs,  regula- 
tions, and  laws  in  force  at  the  date  of  their  location.  A  mining  claim  located  after 
the  tenth  day  of  May,  eighteen  hundred  and  seventy-two,  whether  located  by  one  or 
more  persons,  may  equal,  but  shall  not  exceed,  one  thousand  five  hundred  feet  in 
length  along  the  vein  or  lode ;  but  no  location  of  a  mining  claim  shall  be  made  until 
the  discovery  of  the  vein  or  lode  within  the  limits  of  the  claim  located.  No  claim 
shall  extend  more  than  three  hundred  feet  on  each  side  of  the  middle  of  the  vein  at 
the  surface,  nor  shall  any  claim  be  limited  by  any  mining  regulation  to  less  than 
twenty-five  feet  on  each  side  of  the  middle  of  the  vein  at  the  surface,  except  where 
adverse  rights  existing  on  the  tenth  day  of  May,  eighteen  hundred  and  seventy-two, 
render  such  limitation  necessary.  The  end  lines  of  each  claim  shall  be  parallel  to 
each  other. 

Citizenship. 

Sec.  2321.  Proof  of  citizenship,  under  this  chapter,  may  consist,  iu  the  case  of  an 
individual,  of  his  own  affidavit  thereof;  in  the  case  of  an  association  of  persons 
unincorporated,  of  the  aflSdavit  of  their  authorized  agent,  made  on  his  own  knowledge, 
or  upon  information  and  belief;  and  in  the  case  of  a  corporation  organized  under  the 
laws  of  the  United  States,  or  of  any  state  or  territory  thereof,  by  the  filing  of  a  cer- 
tified copy  of  their  charter  or  certificate  of  incorporation. 

This  is  supplemented  by  an  act  of  April  26,  1882,  which  provides  : 
"That  applicants  for  mineral  patents,  if  residing  beyond  the  limits  of  the  district 
wherein  the  claim  is  situated,  may  make  any  oath  or  aflSdavit  required  for  proof  of 
citizenship  before  the  clerk  of  any  court  of  record,  or  before  any  notary  public  of  any 
state  or  territory."     (22  Stats,  at  Large,  p.  49,  chap.  106.) 

Extra-lateral   Rights. 

Sec.  2322.  The  locators  of  all  mining  locations  heretofore  made  or  which  shall 
hereafter  be  made,  on  any  mineral  vein,  lode,  or  ledge,  situated  on  the  public  domain, 
their  heirs  and  assigns,  where  no  adverse  claims  exist  on  the  tenth  day  of  May. 
eighteen  hundred  and  seventy-two,  so  long  as  they  comply  with  the  laws  of  the  United 
States,  and  with  state,  territorial  and  local  regulations  not  in  conflict  with  the  laws 
of  the  United  States  governing  their  possessory  title,  shall  have  the  exclusive  right 
of  possession  and  enjoyment  of  all  the  surface  included  within  the  lines  of  their  loca- 
-tions.  and  of  all  veins,  lodes  and  ledges  throughout  their  entire  depth,  the  top  or  apex 
of  which  lies  inside  of  such  surface  lines  extended  downward  vertically,  although 
such  veins,  lodes,  or  ledges  may  so  far  depart  from  a  perpendicular  in  their  course 
downward  as  to  extend  outside  the  vertical  side  lines  of  such  surface  locations.  But 
their  right  of  possession  to  such  outside  parts  of  such  veins  or  ledges  shall  be  confined 
to  such  portions  thereof  as  lie  between  vertical  planes  drawn  downward  as  above 
described  through  the  end  lines  of  their  locations,  so  continued  in  their  own  direction 
that  such  planes  will  intersect  such  exterior  parts  of  such  veins  or  ledges.  And 
nothing  in  this  section  shall  authorize  the  locator  or  possessor  of  a  vein,  or  lode  which 
extends  in  its  downward  course  beyond  the  vertical  lines  of  his  claim,  to  enter  upon 
the  surface  of  a  claim  owned  or  possessed  by  another. 


28  CALIKOT^NTTA    STATE    MINING    BUREAU. 

Tunnel   Claims. 

Sec.  2323.  Where  a  tunnel  is  run  for  the  development  of  a  vein  or  lode,  or  for 
the  discovery  of  mines,  the  owners  of  such  tunnel  shall  have  the  right  of  possession 
of  all  veins  or  lodes  within  three  thousand  feet  from  the  face  of  such  tunnel  on  the 
line  thereof,  not  previously  known  to  exist,  discovered  in  such  tunnel,  to  the  same 
extent  as  if  discovered  from  the  surface  and  locations  on  the  line  of  such  tunnel  of 
veins  or  lodes  not  appearing  on  the  surface,  made  by  other  parties  after  the  com- 
mencement of  the  tunnel,  and  while  the  same  is  being  prosecuted  with  reasonable 
diligence,  shall  be  invalid,  but  failure  to  prosecute  the  work  on  the  tunnel  for  six 
months  shall  be  considered  as  an  abandonment  of  the  right  to  all  undiscovered  veins 
on  the  line  of  such  tunnel. 

Recording  and   Annual  Assessments. 

Sec.  2324.  The  miners  of  each  mining  district  may  make  regulations  not  in  con- 
flict with  the  laws  of  the  United  States,  or  with  the  laws  of  the  state  or  territory  in 
which  the  district  is  situated,  governing  the  location,  manner  of  recording,  amount 
of  work  necessary  to  hold  possession  of  a  mining  claim,  subject  to  the  following 
requirements :  The  location  must  be  distinctly  marked  on  the  ground  so  that  its 
boundaries  can  be  readily  traced.  All  records  of  mining  claims  hereafter  made  shall 
contain  the  name  or  names  of  the  locators,  the  date  of  the  location,  and  such  a 
description  of  the  claim  or  claims  located  by  reference  to  some  natural  object  or 
permanent  monument  as  will  identify  the  claim.  On  each  claim  located  after  the 
tenth  day  of  May.  eighteen  hundred  and  seventy-two,  and  until  a  patent  has  been 
issued  therefor,  not  less  than  one  hundred  dollars'  worth  of  labor  shall  be  performed 
or  improvements  made  during  each  year. 

Be  it  enacted  hy  the  senate  and  house  of  representatives  of  the  United  States  of 
America  in  congress  assemiled,  that  section  two  thousand,  three  hundred  and  twenty- 
four  of  the  Revised  Statutes  be,  and  the  same  is  hereby,  amended  so  that  where  a 
person  or  company  has  or  may  run  a  tunnel  for  the  purpose  of  developing  a  lode  or 
lodes,  owned  by  said  person  or  company,  the  money  so  expended  in  said  tunnel  shall 
be  taken  and  considered  as  expended  on  said  lode  or  lodes,  whether  located  prior  to  or 
since  the  passage  of  said  act ;  and  such  person  or  company  shall-  not  be  required  to 
perform  work  on  the  surface  of  said  lode  or  lodes  in  order  to  hold  the  same  as 
required  by  said  act.     (IS  Stats,  at  Large,  page  315,  chap.  41.) 

An  amendment  of  January  22,  1880,  reads : 

"Provided,  that  the  period  within  which  the  work  required  to  be  done  annually 
on  all  unpatented  mineral  claims  shall  commence  on  the  first  day  of  January  suc- 
(•eeding  the  date  of  location  of  such  claim,  and  this  section  shall  apply  to  all  claims 
located  since  the  tenth  day  of  May,  Anno  Domini  eighteen  hundred  and  seventy- 
two."     (21  Stats,  at  Large,  page  61,  chap.  9.) 

The  federal  law  fixes  the  minimum  of  labor  requirements.  State  and  local  laws 
may  require  additional  work  as  part  of  the  act  of  location.  This  has  been  sustained 
by  Supreme  Court  decisions. 

Patents. 

Section  2325  of  the  federal  statutes  provides  that  after  $500  has  been  expended 
on  a  mining  claim  in  work  or  improvements,  a  patent  can  be  applied  for.  upon  the 
claim  being  surveyed  by  a  United  States  mineral  surveyor,  and  by  the  payment  of 
$5  per  acre  for  the  land  to  the  United  States  government. 

PLACERS. 

Sec.  2329.  Claims  usually  called  "placers"  including  all  forms  of  deposit,  except- 
ing veins  of  quartz,  or  other  rock  in  place,  shall  be  subject  to  entry  and  patent, 
under  like  circumstances  and  conditions,  and  upon  similar  proceedings,  as  are  pro- 
vided for  vein  or  lode  claims ;  but  where  the  lauds  have  been  previously  surveyed  by 
the  United  States,  the  entry  in  its  exterior  limits  shall  conform  to  the  legal  sub- 
divisions of  the  public  lands. 


MIN'INC    TAWS.  29 

Areas  of  Placer   Claims. 

Sec.  2330.  Legal  subdivisious  of  forty  acres  may  be  subdivided  into  ten-acre 
tracts,  and  two  or  more  persons,  or  associations  of  persons,  having  contiguous  claims 
of  any  size,  although  such  claims  may  be  less  than  ten  acres  each,  may  make  joint 
entry  thereof ;  but  no  location  of  a  placer  claim,  made  after  the  ninth  day  of  July, 
eighteen  hundred  and  seventy,  shall  exceed  one  hundred  and  sixty  acres  for  any  one 
person  or  association  of  persons,  which  location  shall  conform  to  the  United  States 
surveys ;  and  nothing  in  this  section  contained  shall  defeat  or  impair  any  bona  fide 
preemption  or  homestead  claim  upon  agricultui-al  lands,  or  authorize  the  sale  of  the 
improvements  of  any  bona  fide  settler  to  any  purchaser. 

Sec.  2331.  Where  placer  claims  are  upon  surveyed  lands,  and  conform  to  legal 
subdivisions,  no  further  survey  or  plat  shall  be  required,  and  all  placer  mining  claims 
located  after  the  tenth  day  of  May.  eighteen  hundred  and  seventy-two,  shall  conform 
as  near  as  practicable  with  the  United  States  system  of  public  lands  surveys,  and  the 
I'ectangular  subdivisions  of  such  surveys,  and  no  such  location  shall  include  more 
than  twenty  acres  for  each  individual  claimant ;  but  where  placer  claims  can  not 
be  conformed  to  legal  subdivisions,  survey  and  plat  shall  be  made  as  on  unsurveyed 
lands ;  and  where  by  the  segregation  of  mineral  land  in  any  legal  subdivision  a  quan- 
tity of  agricultural  land  less  than  forty  acres  remains,  such  fractional  portion  of 
agricultural  land  may  be  entered  by  any  party  qualified  by  law,  for  homestead  or 
preemption  purposes. 

Placer   boundaries. 

Sec.  2333.  Where  the  same  person,  association,  or  corporation  is  iu  possession 
of  a  placer  claim,  and  also  a  vein  or  lode  included  within  the  boundaries  thereof, 
application  shall  be  made  for  a  patent  for  the  placer  claim,  with  the  statement  that 
it  includes  such  vein  or  lode,  and  in  such  case  a  patent  shall  issue  for  the  placer 
claim,  subject  to  the  provisions  of  this  chapter,  including  such  vein  or  lode  upon  the 
payment  of  five  dollars  per  acre  for  such  vein  or  lode  claim,  and  twenty-five  feet  of 
surface  on  each  side  thereof.  The  remainder  of  the  placer  claim,  or  any  placer  claim 
not  embracing  any  vein  or  lode  claim,  shall  be  paid  for  at  the  rate  of  two  dollars  and 
fifty  cents  per  acre,  together  with  all  costs  of  proceedings;  and  where  a  vein  or 
lode,  such  as  is  described  in  section  twenty-three  hundred  and  twenty,  is  known  to 
exist  within  the  boundaries  of  a  placer  claim,  an  application  for  a  patent  for  such 
placer  claim  which  does  not  include  an  application  for  the  vein  or  lode  claim  shall  be 
construed  as  a  conclusive  declaration  that  the  claimant  of  the  placer  claim  has  no 
right  of  possession  of  the  vein  or  lo<le  claim  ;  but  where  the  existence  of  a  vein  or  lode 
iu  a  placer  claim  is  not  known,  a  patent  for  the  placer  claim  shall  convey  all  valuable 
mineral  and  other  deposits  within  the  boundaries  thereof. 

Entry   of    building    stone    lands   under   placer    laws. 

[Act  of  August  4,  1S92,  ch.  375,  27  Stat.  L.  348.] 
Section  1.  Any  person  authorized  to  enter  lands  under  the  mining  laws  of  the 
United  States  may  enter  lands  that  are  chiefly  valuable  for  building  stone  under  the 
provisions  of  the  law  in  relation  to  placer  mineral  claims;  provided,  that  lands 
reser\'ed  for  the  benefit  of  the  public  schools  or  donated  to  any  state  shall  not  be  sub- 
ject to  entry  under  this  act.     (27  Stat.  L.  348.) 

Entry   of  saline   lands   under   placer   laws. 

[Act  of  January  31,  1901,  ch.  186,  31  Stat.  L.  745.] 
All  unoccupied  public  lands  of  the  United  States  containing  salt  springs,  or  deposits 
of  salt  in  any  form,  and  chiefly  valuable  therefor,  are  herel)y  declared  to  be  subject 
to  location  and  purchase  under  the  provisions  of  the  law  relating  to  placer  mining 
claims ;  provided,  that  the  same  person  shall  not  locate  or  enter  more  than  one  claim 
hereunder.     (31  Stat.  L.  745.) 

Substances  locatable   as  placers. 

Lindley  on  Mines,  .3(1  ed..  1014.  Sec.  420.  pp.  0S7.  ct  Krif.  says :  ••.\mong  the 
substances,  other  than  those  of  a  metallic  character,  which  have  been  classified  as 
mineral,  and  when  occnrrinir  in  the  form  of  deposits  not  in  place,  lands  containing 


30  <ai.ik()i;n"i  \  sr.vii;  mixing  luitKAr. 

\vlii<.-h  liave  been  held  to  be  subject  to  appropriatlou  uufler  the  yhicer  hiws,  we  uote 
the  following:  Alum;  asphnltum ;  borax;  diamouds;  guano;  gj-psuin ;  kaoliu  or 
china  day;  marble;  mica:  onyx;  soda,  carbonate  or  nitrate;  slate  for  roofing  pur- 
poses; umber;  building  stone.  *  *  *  Other  substances  require  si>ecific  mention." 
Under  these  "other  substances,"  are  detailed:  Petroleum;  natural  gas;  brick  and 
other  classes  of  clay ;  phosphates ;  ix)tash.  In  addition  to  the  above  named  the 
following  have  also  "been  held  to  i)e  mineral  by  the  I'uitetl  States  Land  Department 
and  the  American  courts:  Amber;  stone  of  special  commercial  value;  cement  (see 
gypsum):  coal;  gravel;  limestone;  salt;  sand;  sandstone  (see  building  stone); 
sulphur."      (Id.  Sec.  97,  pp.  170,  ef  Kerj.) 

Mining    claims   on   stream    beds. 

Gravel  deposits  on  the  beds  of  watercourses  may  be  appropriated  under  the  plact'r 
laws,  if  the  stream  is  not  a  navigable  one.  The  beds  of  navigable  "rivers  and  their 
banks  as  far  as  high-water  mark,  in  some  states  as  far  as  low-water  mark,  belong 
to  the  state,  and  not  to  the  federal  government.  *  *  *  xhe  state  may  grant 
temporary  privileges,  or  perhaps  permanent  rights,  of  dredging  or  carrying  on  other 
mining  operations  in  the  beds  of  navigable  waters ;  provided,  that  such  operations 
do  not  interfere  with  the  public  rights  of  navigation  or  the  private  rights  of 
liparian  owners."      (Id.   Sec.  428,  pp.  1012,  1013.) 

Tide   Lands — Mining  claims  can  not  be  located  on. 

"There  is  no  principle  involved  in  the  consideration  of  the  public  land  system 
better  settled  or  more  clearly  enunciated  than  that  lands  under  tidal  waters,  and 
below  the  line  of  ordinary  high  tide,  are  not  'public  lands'."  Such  belong  to  the 
state,  subject,  however,  to  the  public  right  of  navigation.  In  the  cases  of  the  beach 
placers  of  Nome,  Alaska,  and  the  oil  wells  below  high  tide  at  Summerland,  California, 
the  secretary  of  war  issued  permits  for  "operations  in  the  navigable  Avaters  of  the 
Uuitetl  States,"  birt  such  permits  did  not  confer  "any  rights  as  against  the  littoral 
owner."      (Id.   Sec.  429.  p.  1017.) 

OIL  AND  GAS  CLAIMS. 

These  are  located  as  placer  claims.     See  sections  2329  to  2333  U.  S.  statutes. 

An    act    authorizing    entry    of    petroleum    or    other    mineral    oil    lands    under    placer 

claim  laws. 

Any  person  authorized  to  enter  lands  under  the  mining  laws  of  the  United  States 

may  enter  and  obtain  patents  to  lands  containing  petroleum  or  other  mineral  oils, 

and  chiefly   valuable  therefor,   under  the  provisions  of   the  laws   relating   to  placer 

mineral  claims ;  provided,  that  lands  containing  such  petroleum  or  other  mineral  oils 

which  have  heretofore  been  filed  upon,  claimed,  or  improved  as  mineral,  but  not  yet 

patented,  may  be  held  and  patented  under  the  provisions  of  this  act  the  same  as  if 

such  filing,  claim  or  improvement  were  subsequent  to  the  date  of  the  passage  hereof. 

(29  Stat.  L.  526.)     Approved  Feb.  11.  1S97. 

An  act  defining  what  shall  constitute  assessments  on  oil  mining  claims. 
[Act  of  February  12,  1903,  eh.  548,  32  Stat.  L.  825.] 
Where  oil  lands  are  located  under  the  provisions  of  title  thirty-two,  chapter  six. 
Revised  Statutes  of  the  United  States,  as  placer  mining  claims,  the  annual  assess- 
ment labor  upon  such  claims  may  be  done  upon  any  one  of  a  group  of  claims  lying 
contiguous  and  owned  by  the  same  person  or  corporation,  not  exceeding  five  claims  in 
all ;  provided,  that  said  labor  will  tend  to  the  development  or  to  determine  the  oil- 
bearing  character  of  such  contiguous  claims. 


MININd    r.AWS.  31 

THE  "PICKET  BILL." 

Au  acl  to  authorize  the  President  of  the  United  States  to  make;  withdrawals  of 
public  lands  in  certain  cases. 

This  provides  also : 

Sec.  2.  All  lands  withdrawn  under  the  provisions  of  this  act  shall  at  all  times 
be  open  to  exploration,  discovery,  occupation,  and  purchase,  under  the  mining  laws 
of  the  United  States,  so  far  as  the  same  applj'  to  minerals  other  than  coal,  oil,  gas, 
and  phosphates. 

By  the  amendment  of  August  1*4.  1012.  congress  limited  the  right  of  exploration 
etc.,  within  the  withdrawn  areas,  to  those  lands  which  may  be  found  to  contain  mctul- 
lifcroits  mineral.  The  scope  of  withdrawal  was  thus  broadened,  with  tlie  specific 
intention  of  conserving  potash  in  addition  to  those  minerals  already  mentioned. 
(37  Stats,  at  Large.) 

However,  any  of  these  minerals  except  iiotasii  may  he  filed  upon  if  found  in  areas 
of   the   public  domain    iint   i/ff    irifhdDiini. 

POTASH    EXPLORATION. 

(S.  B.   No.  2156.) 

An  act  to  authorize  exploration  for  and  disposition  of  potassium. 

[Approved  by  tlie  President.  October  2,   1917.] 

Jie  it  .enailcil  by  the  .senate  and  house  of  representatives  of  the  United  Staten 
of  Ameriea  in  congress  assembled.  That  the  Secretary  of  the  Interior  is  hereby 
authorized  and  directed,  imder  such  rules  and  regulations  as  he  may  prescribe, 
to  issue  to  any  applicant  who  is  a  citizen  of  the  United  States,  an  association  of 
such  citizens,  or  a  corporation  organizetl  under  the  laws  of  any  State  or  Territory 
thereof,  a  prospecting  permit  which  .shall  give  the  exclusive  right,  for  a  period  not 
exceeding  two  years,  to  prospect  for  chlorides,  sulphates,  carbonates,  borates,  silicates, 
or  nitrates  of  pota.ssium  on  public  lands  of  the  United  States,  except  lands  in  and 
adjacent  to  Searles  Lake,  which  would  be  described  if  surveyed  as  townships  twenty- 
four,  twenty-five,  twenty-six,  and  twenty-seven  south  of  ranges  forty-two,  forty-three, 
and  forty-four  east,  Mount  Diablo  meridian,  California  :  Prodded.  That  the  area  to 
be  included  in  such  permit  shall  not  exceed  two  thousand  five  hundred  and  sixty 
acres  of  land  in  reasonably  compact  form. 

Sec.  2.  That  upon  showing  to  the  satisfaction  of  the  Secretary  of  the  Interior 
that  valuable  deposits  of  one  or  more  of  the  substances  enumerated  in  section  one 
hereof  have  been  discovered  by  the  permittee  within  the  area  covered  by  his  permit, 
the  permittee  shall  be  entitled  to  a  patent  for  not  to  exceed  one-fourth  of  the  land 
embraced  in  the  prospecting  permit,  to  be  taken  in  compact  form  and  described 
by  legal  subdivisions  of  the  public-laud  surveys,  or  if  the  land  be  not  surveyed, 
then  in  tracts  which  shall  not  exceed  two  miles  in  length,  by  survey  executed  at  the 
cost  of  the  permittee,  in  accordance  with  rules  and  regulations  prescribed  by  the 
Secretary  of  the  Interior.  All  other  lands  described  and  embraced  in  such  a  prospect- 
ing permit  from  and  after  the  exercise  of  the  right  to  patent  accorded  to  the 
discoverer,  and  not  covered  by  leases,  may  be  leased  by  the  Secretary  of  the 
Interior,  through  advertisement,  competitive  bidding,  or  such  other  methods  as  he 
may  by  general  regulations  adopt,  and  in  such  areas  as  he  shall  fix,  not  exceeding 
two  thousand  five  hundred  and  sixty  acres,  all  lea.ses  to  be  conditioned  upon  the 
payment  by  the  lessee  of  such  royalty  as  may  l)e  si>ecified  in  the  lease  and  which 
shall  be  fixed  by  the  Secretary  of  the  Interior  in  advance  of  offering  the  same,  and 
which  shall  not  be  less  than  two  per  centum  on  the  gross  value  of  the  output  at  the 
point  of  shipment,  which  royalty,  on  demand  of  the  Secretary  of  the  Interior,  shall 
be  paid  in  the  product  of  such  lease,  and  the  payment  in  advance  of  a  rental,  which 
shall  be  not  less  than  2~}  cents  per  acre  for  the  first  year  thereafter;  not  less  than 
no  cents  per  acre  for  the  second,  third,  fourth,  and  fifth  years,  respectiv(>ly  ;  and  not 
le.s9  than  $1  per  acre  for  each  and  every  year  thereafter  during  the  continuance  of 
the  lea.se,  except  that  such  rental  for  any  year  shall  be  credited  against  the  royalties 
as    they    necrue    fdr    thai     yeni-.      Leases    shjiU    be    for    indeterinii\ate    periods,    upon 


.'^2  CALIFORNIA    STATE    MINIXCJ    BUREAF. 

couditiuu  tlial  at  the  end  of  eacli  twenty-year  period  succeediujj  the  date  of  any 
lease  such  readjustment  of  tenn.s  and  conditions  may  l)e  made  as  the  Secretary  of 
tiie  Interior  may  determine,  unless  otlierwise  provided  by  law  at  the  time  of  the 
expiration  of  such  j)eri<wls,  and  a  patentee  under  this  section  may  also  he  a  lessee: 
I'lovidcd,  That  the  i)otash  deposits  in  the  public  lands  in  and  adjacent  to  Searles 
Lake  in  what  would  be  if  surveyed  townships  twenty-four,  twenty-five,  twenty-six, 
and  twenty-seven  south  of  ranges  forty-two,  forty-three,  and  forty-four  east,  Mount 
Diablo  meridian,  California,  may  be  oi^erated  by  the  United  States  or  may  be 
leased  by  the  Secretary  of  the  Interior  under  the  terms  and  provisions  of  this  Act : 
I'lorkhd  further,  That  the  Secretary  of  the  Interior  may  issue  leases  under  the  pro- 
visions of  this  Act  for  deposits  of  potash  in  public  lands  in  Sweetwater  County, 
Wyoming:,  also  containing  deposits  of  coal,  on  condition  that  the  coal  be  reserved 
to  the  United  States. 

Sec.  3.  That  in  addition  to  areas  of  such  mineral  land  to  be  included  in  prospect- 
in.i,'  ijermits  or  leases  the  Secretary  of  the  Interior,  in  his  discretion,  may  is.sue  to  a 
permittee  or  lessee  under  this  Act  the  exclusive  right  to  use,  during  the  life  of  the 
permit  or  lease,  a  tract  of  unoccupied  nonmiueral  public  laud  not  excee<ling  forty 
acres  in  area  for  camp  sites,  retining  works,  and  other  puiijoses  connected  with  and 
necessary  to  the  proper  development  and  use  of  the  deposits  covered  by  the  permit 
or  lease. 

Sec.  4.  That  the  Secretary  of  the  Interior  shall  reserve  the  authority  and  shall 
insert  in  any  preliminary  permit  issued  under  section  one  hereof  appropriate  pro- 
visions for  its  cancellation  by  him  upon  failure  by  the  permittee  or  licensee  to 
exercise  due  diligence  in  the  prosecution  of  the  prospecting  work  in  accordance  with 
the  terms  and  conditions  stated  in  the  permit. 

Sec.  5.  That  no  person  shall  take  or  hold  any  interest  or  interests  as  a  member 
of  an  association  or  associations  or  as  a  stockholder  of  a  corporation  or  corporations 
holding  a  lease  under  the  provisions  hereof,  which,  together  with  the  area  embraced 
in  any  direct  holding  of  a  lease  under  this  Act.  or  which,  together  with  any  other 
interest  or  interests  as  a  member  of  an  association  or  associations  or  as  a  stock- 
holder of  a  corporation  or  coiiiorations  holding  a  lease  under  the  ]>rovisions  hereof,  or 
othenvise,  exceeds  in  the  aggregate  in  any  area  fifty  miles  square  an  amount 
equivalent  to  the  maximum  number  of  acres  allow-ed  to  any  one  lessee  under  this 
Act ;  that  no  person,  association,  or  corporation  holding  a  lease  under  the  provisions 
of  this  Act  shall  hold  more  than  a  tenth  interest,  direct  or  indirect,  in  any  other 
agency,  corporate  or  otherwise,  engaged  in  the  sale  or  resale  of  the  products  obtainetl 
from  such  lease,  and  any  \-iolation  of  the  iirovisions  of  this  section  shall  be 
ground  for  the  forfeiture  of  the  lease  or  interest  so  held  ;  and  the  interests  held  in 
violation  of  this  provision  shall  be  forfeited  to  the  United  States  by  appropriate 
in-oceedings  instituted  by  the  Attorney  General  for  that  purpose  in  the  United 
States  district  court  for  the  district  in  which  the  property  or  some  part  thereof  is 
located,  except  that  any  such  ownership  or  interest  hereby  forbidden  which  may 
be  acquired  by  descent,  will,  judgment,  or  decree  may  be  held  for  two  years,  and  not 
longer  after  its  acquisition. 

Sec.  0.  That  any  permit,  lease,  occupation,  or  use  permitted  under  this  Act 
shall  reserve  to  the  Secretary  of  the  Interior  the  right  to  permit  for  joint  or  several 
use  such  easements  or  rights  of  way  upon,  through,  or  in  the  lands  leased,  occupied, 
or  used  as  may  be  necessary  or  appropriate  to  the  working  of  the  same,  or  of 
other  lands  containing  the  deposits  described  in  this  Act,  and  the  treatment  and 
shipment  of  the  products  thereof  by  or  under  authority  of  the  Government,  its 
lessees,  or  permittees,  and  for  other  public  purposes  :  Provided.  That  said  Secretary, 
in  his  discretion,  in  making  any  lease  under  this  Act  may  reserve  to  the  United 
States  the  right  to  dispose  of  the  surface  of  the  lands  embraced  within  such  lease 
under  existing  law  or  laws  hereafter  enacted,  in  so  far  as  said  .surface  is  not 
necessary  for  use  of  the  lessee  in  extracting  and  removing  the  deposits  therein : 
Provided  further.  That  if  such  reservation  is  made  it  shall  be  so  determined  before 
the  offering  of  such  lease ;  that  the  said  Secretary,  during  the  life  of  the  lease,  is 
authorized  to  issue  such  permits  for  easements  herein  provided  to  l)e  reserved. 


Ml.NlXCi    LAWS.  33 

Sec.  7.  That  each  leaso  .sliall  t-ontain  provisions  (looinod  lU'ccssary  for  the  i)ro- 
tccrion  of  the  iutorosts  of  the  rnitcfl  States,  and  for  tlio  provonlion  of  monopoly,  and 
for  tlio  saf(>s:uardin,!,'  of  the  pul)lic  welfare. 

Sec.  S.  That  any  lease  issued  under  the  provisions  of  this  Act  may  be  forfeited 
and  canceled  by  an  appropriate  proceeding  in  the  I'nited  States  district  court  for 
the  district  in  which  the  property  or  some  i)art  thereof  is  located  whenever  the 
les.see  I  ails  to  comply  with  any  of  th(>  provisions  of  this  Act.  of  the  lease,  or  of  the 
general  rej,niIations  promulsated  under  *his  Act  ami  in  force  at  the  date  of  the  lease, 
and  the  lease  may  provide  for  resort  to  approiiriate  methods  for  the  settlement  of 
disputes  or  for  remedies  for  breach  of  specified  conditions  thereof. 

Sec.  !).  That  the  provisions  of  this  Act  shall  also  apply  to  all  deposits  of  potassium 
salts  in  the  lands  of  the  United  States  which  may  have  been  or  may  be  disposed  of 
under  laws  reservins  to  the  United  States  the  potassium  deposits  with  the  riffht  to 
prospect  for,  drill,  mine,  and  remove  the  same,  subject  to  such  couditions  as  to  the 
use  and  occupancy  of  the  surface  as  are  or  may  hereafter  be  provided  by  law. 

Sec.  10.  That  all  moneys  received  from  royalties  and  rentals  under  the  provisions 
of  this  Act.  excepting;  those  from  Alaska,  shall  be  paid  into,  reserved,  and  appropri- 
ated as  a  part  of  the  reclamation  fund  created  by  the  Act  of  Conj^ress  approved 
June  seventeenth,  nineteen  hundred  and  two,  known  as  the  reclamation  Act,  but 
after  use  thereof  in  the  construction  of  reclamation  works  and  upon  return  to  the 
reclamation  fund  of  any  such  moneys  in  the  manner  provided  by  the  reclamation 
Act  and  Acts  amendatory  thereof  and  supplemental  thereto,  fifty  per  centum  of 
the  amounts  derived  from  such  royalties  and  rentals,  so  utilized  in  and  returned 
to  the  reclamation  fund  shall  be  paid  by  the  Secretary  of  the  Treasury  after  the 
expiration  of  each  fiscal  year  to  the  State  within  the  boundaries  of  which  the  leased 
lands  or  deiwsits  are  or  were  located,  said  moneys  to  be  used  by  such  State  or  sub- 
divisions thereof  for  the  construction  and  maintenance  of  public  roads  or  for  the 
support  of  public  schools. 

Sec.  11.  That  the  Secretary  of  the  Interior  is  authorized  to  prescribe  necessary 
and  proper  rules  and  regulations  and  to  do  any  and  all  thinj::s  necessary  to  carry  out 
and  accomplish  the  purposes  of  this  Act. 

Sec.  12.  That  the  deposits  herein  referred  to,  in  lands  valuable  for  such  minerals, 
shall  be  subject  to  disposition  only  in  the  form  and  manner  provided  in  this  Act, 
except  as  to  valid  claims  existent  at  date  of  the  passaw  of  this  Act  and  there- 
after maiutainetl  in  compliance  with  the  laws  under  which  initiated,  which  claims 
may  be' perfected  under  such  laws:  I'loridcd.  That  nothing  in  this  Act  shall  be  con- 
strued or  held  to  affect  the  rights  of  the  States  or  other  local  authority  to  exercise 
any  rights  which  they  may  have  to  levy  and  collect  taxes  upon  improvements,  out- 
put of  mines,  or  other  rights,  property,  or  assets  of  any  lessee. 

Sec.  13.  That  the  Secretary  of  the  Interior  is  hereby  authorized  and  directed  to 
incorporate  in  every  lease  issued  under  the  provisions  of  this  Act  a  provision 
reserving  to  the  Pivsident  the  right  to  regulate  the  price  of  all  mineral  extracted  and 
sold  from  the  leased  premises,  which  stipulation  shall  specifically  itrovide  that  the 
price  or  prices  fixed  shall  be  such  as  to  yield  a  fair  and  reasonable  return  to  the 
lessee  upon  his  investment  and  to  secure  to  the  consumer  any  of  such  products  at 
the  lowest  i)rice  reasonable  and  consistent  with  the  foregoing :  I'roiifhd,  That  such 
lease  issued  nnder  this  Act  shall  also  sti])ulate  that  the  President  shall  have  authority 
to  so  regulate  the  disposal  of  the  potassium  i)roducts  produced  under  such  lease 
as  to  secure  its  distriliution  and  use  wholly  within  the  limits  of  the  T'nit(>(l  States 
or  Its  possessions. 


34  CALIFOKNIA    STATE    MINING    BUREAU. 

MINING  CLAIMS  IN  FOREST  RESERVES. 

The  cougressional  act  of  June  4,  3897,  provides: 

"It  is  not  the  purpose  or  intent  of  these  provisions,  or  of  the  act  providing  for 
such  reservations,  to  authorize  the  inclusion  therein  of  lands  more  valuable  for  the 
mineral  thei'ein,  or  for  agricultural  purposes,  than  for  forest  purposes." 


"Nor  shall  anything  herein  prohibit  anj-  person  from  entering  upon  such  forest 
reservations  for  all  proper  and  lawful  purposes,  including  that  of  prospecting,  locat- 
ing and  developing  the  mineral  resources  thereof;  proiyided,  that  such  persons  comply 
with  the  rules  and  regulations  covering  such  forest  reservations." 


"And  any  mineral  lands  in  any  forest  reservation  which  have  been  or  may  be 
shown  to  be  such  and  subject  to  entry  under  the  existing  mining  laws  of  the  United 
States  and  the  rules  and  regulations  applying  thereto,  shall  continue  to  be  subject  to 
such  location  and  entry  notwithstanding  any  provisions  herein  contained." 

Under  these  statutes  it  is  now  held  by  the  land  department  that  the  foi'est  reserves 
are  open  to  the  location  of  mining  claims.  There  can  be  no  doubt  of  the  meaning 
of  congress  upon  this  subject :  That  lands  within  the  forest  reserves  are  subject  to 
the  operation  of  the  mining  laws. 

CALIFORNIA  DEBRIS  COMMISSION. 

An   act   to   create   the    California    Debris   Commission    and    regulate    hydraulic   mining 

in  the  State  of  California. 

Be  it  enacted  by  the  senate  and  house  of  representatives  of  the  United  States  of 
America  in  congress  assembled,  That  a  commission  is  hereby  created,  to  be  known 
as  the  California  Debris  Commission,  consisting  of  three  members.  The  president  of 
the  United  States  shall  by  and  with  the  advice  and  consent  of  the  senate,  appoint 
the  commission  from  officers  of  the  corps  of  engineers,  United  States  army.  Vacan- 
cies occurring  therein  shall  be  filled  in  like  manner.  It  shall  have  the  authority,  and 
exercise  the  powers  hereinafter  set  forth,  under  the  supervision  of  the  chief  of 
engineers  and  direction  of  the  secretary  of  war. 

Sec.  2.  That  said  commission  shall  organize  within  thirty  days  after  its  appoint- 
ment by  the  selection  of  such  ofiicers  as  may  be  required  in  the  performance  of  its 
duties,  the  same  to  be  selected  from  the  members  thereof.  The  members  of  said  com- 
mission shall  receive  no  greater  compensation  than  is  now  allowed  by  law  to  each, 
respectively,  as  an  officer  of  said  corps  of  engineers.  It  shall  also  adopt  rules  and 
regulations,  not  inconsistent  with  law,  to  govern  its  deliberations  and  prescribe  the 
method  of  procedure  under  the  provisions  of  this  act. 

Sec.  3.  That  the  jurisdiction  of  said  commission,  in  so  far  as  the  same  affects 
mining  carried  on  by  the  hydraulic  process  shall  extend  to  all  such  mining  in  the 
territory  drained  by  the  Sacramento  and  San  Joaquin  river  systems  in  the  state  of 
California.  Hydraulic  mining,  as  defined  in  section  eight  hereof,  directly  or  indirectly 
injuring  the  navigability  of  said  river  systems,  carried  on  in  said  territory  other  than 
as  permitted  under  the  provisions  of  this  act  is  hereby  prohibited  and  declared 
unlawful. 

Sec.  4.  That  it  shall  be  the  duty  of  said  commission  to  mature  and  adopt  such 
plan  or  plans,  from  examinations  and  surveys  already  made  and  from  such  additional 
e.xaminations  and  surveys  as  it  may  deem  necessary,  as  will  improve  the  navigability 
of  all  the  rivers  comprising  said  systems,  deepen  their  channels,  and  protect  their 
banks.  Such  plan  or  plans  shall  be  matured  with  a  view  of  making  the  same  effective 
as  against  the  encroachment  of  and  damage  from  debris  resulting  from  mining  opera- 
tions, natural  erosion,  or  other  causes,  with  a  view  of  restoring,  as  near  as  practicable 
and  the  necessities  of  commerce  and  navigation  demand,  the  navigability  of  said 
rivers  to  the  condition  existing  in  eighteen  hundred  and  sixty,  and  permitting  mining 


MIXING    LAWS.  35 

by  the  hydraulic  process,  as  the  term  is  understood  in  said  state,  to  be  carried  on, 
provided  the  same  can  be  accomplished  without  injury  to  the  navigability  of  said 
rivers  or  the  lands  adjacent  thereto. 

Sec.  5.  That  it  shall  further  examine,  survey,  and  determine  the  utility  and 
practicability,  for  the  purposes  hereinafter  indicated,  of  storage  sites  in  the  tributaries 
of  said  rivers  and  in  the  respective  branches  of  said  tributaries,  or  in  the  plaius, 
basins,  sloughs,  and  tule  and  swamp  lands  adjacent  to  or  along  the  course  of  said 
rivers,  for  the  storage  of  debris  or  water  or  as  settling  reservoirs,  with  the  object 
of  using  the  same  by  either  or  all  of  these  methods  to  aid  in  the  improvement  and 
protection  of  said  navigable  rivers  by  preventing  deposits  therein  of  debris  resulting 
from  mining  operations,  natural  erosion,  or  other  causes,  or  for  affording  relief 
thereto  in  flood  time  and  providing  sufiicient  water  to  maintain  scouring  force  therein 
in  the  summer  season  ;  and  in  connection  therewith  to  investigate  such  hydraulic  and 
other  mines  as  are  now  or  may  have  been  worked  by  methods  intended  to  restrain 
the  debris  and  material  moved  in  operating  such  mines  by  impounding  dams,  settling 
reservoirs,  or  otherwise,  and  in  general  to  make  such  study  of  and  researches  in  the 
hydraulic  mining  industry  as  science,  experience  and  engineering  skill  may  suggest 
as  practicable  and  useful  in  devising  a  method  or  methods  whereby  such  mining  may 
be  carried  on  as  aforesaid. 

Sec.  6.  That  the  said  commission  shall  from  time  to  time  note  the  conditions  of 
the  navigable  channels  of  said  river  systems,  by  cross-section  surveys  or  otherwise, 
in  order  to  ascertain  the  effect  therein  of  such  hydraulic  mining  operations  as  may 
be  permitted  by  its  orders  and  such  as  is  caused  by  erosion,  natural  or  otherwise. 

Sec.  7.  That  said  commission  shall  submit  to  the  chief  of  engineers  for  the 
information  of  the  secretary  of  war,  on  or  before  the  fifteenth  day  of  November  of 
each  year  a  report  of  its  labors  and  transactions,  with  plans  for  the  construction,  com- 
pletion, and  preservation  of  the  public  works  outlined  in  this  act,  together  with 
estimates  of  the  cost  thereof,  stating  what  amounts  can  be  profitably  expended  thereon 
each  year.  The  secretary  of  war  shall  thereupon  submit  same  to  congress  on  or 
before  the  meeting  thereof. 

Sec.  S.  That  for  the  purposes  of  this  act  "hydraulic  mining"  and  "mining  by  the 
hydraulic  process,"  are  hereby  declared  to  have  the  meaning  and  application  given  to 
said  terms  in  said  state. 

Sec.  9.  That  the  individual  proprietor  or  proprietors,  or  in  case  of  a  corporation 
its  manager  or  agent  appointed  for  that  purpose,  owning  mining  ground  in  the  terri- 
tory in  the  state  of  California  mentioned  in  section  three  hereof,  which  it  is  desired 
to  work  by  the  hydraulic  process,  must  file  with  said  commission  a  verified  petition. 
setting  forth  such  facts  as  will  comply  with  law  and  the  rules  prescribed  by  said 
commission. 

Sec.  10.  That  said  petition  shall  be  accompanied  by  an  instrument  duly  executed 
and  acknowledged,  as  required  by  the  law  of  the  said  state,  whereby  the  owner  or 
owners  of  such  mine  or  mines  surrender  to  the  United  States  the  right  and  privilege 
to  regulate  by  law,  as  provided  in  this  act,  or  any  law  that  may  hereafter  be  enacted, 
or  by  such  rules  and  regulations  as  may  be  prescribed  by  virtue  thereof  the  manner 
and  method  in  which  the  debris  resulting  from  the  working  of  said  mine  or  mines 
shall  be  restrained,  and  what  amount  shall  be  produced  therefrom  ;  it  being  under- 
stood that  the  surrender  aforesaid  shall  not  be  construed  as  in  any  way  affecting  the 
right  of  such  owner  or  owners  to  operate  said  mine  or  mines  by  any  other  process 
or  method  now  in  use  in  said  state ;  provided,  that  they  shall  not  interfere  with  the 
navigability  of  the  aforesaid  rivers. 

Sec.  11.  That  the  owners  of  several  mining  claims  situated  so  as  to  require  a 
common  dumping  ground  or  dam  or  other  restraining  works  for  the  debris  issuing 
therefrom  in  one  or  more  sites  may  file  a  joint  petition  setting  forth  such  facts  in 
addition  to  the  requirements  of  section  nine  hereof ;  and  where  the  owner  of  a 
hydraulic  mine  or  owners  of  several  such  mines  have  and  use  common  dumping  sites 
for  impounding  debris  or  as  settling  reservoirs  which  sites  are  located  below  the 
mine  of  an  applicant  not  entitled  to  use  same,  such  fact  shall  also  be  stated  in  said 
petition.     Thereupon  the  same  proceedings  shall  be  had  as  provided  for  herein. 


:1G  CAI.II-Olv'Xl  A     STA'l'i;    .Ml.XiXC     IMKKAU. 

Sec.  12.  A  notice  specifying  brielly  the  contents  of  said  petition  and  fixing  a 
time  previous  to  whicli  all  proofs  are  to  be  submitted  shall  be  published  liy  said  com- 
mission in  some  newspaper  or  newspapers  of  general  circulation  in  the  communities 
interested  in  the  matter  set  forth  therein.  If  published  in  a  daily  paper  such  publi- 
cation shall  continue  for  at  least  ten  days ;  if  in  a  weekly  paper  in  at  least  three 
issues  of  the  same.  Pending  publication  thereof  said  commission,  or  a  committee 
thereof,  shall  examine  the  mine  and  premises  described  in  such  petition.  On  or  before 
the  time  so  fixed  all  parties  interested,  either  as  petitioners  or  contestants,  whether 
miners  or  agriculturists,  may  file  affidavits,  plans,  and  maps  in  support  of  their 
respective  claims.  Further  hearings,  upon  notice  to  all  parties  of  record,  may  be 
granted  by  the  commission  when  necessary. 

Sec.  13.  That  in  case  a  majority  of  the  members  of  said  commission,  within 
thirty  days  after  the  time  so  fixed,  concur  in  a  decision  in  favor  of  the  petitioner  or 
petitioners,  the  said  commission  shall  thereupon  make  an  order  directing  the  methods 
and  specifying  in  detail  the  manner  in  which  operations  shall  proceed  in  such  mine 
or  mines ;  what  restraining  or  impounding  works,  if  facilities  therefor  can  be  found, 
.shall  be  built,  and  maintained  ;  how  and  of  what  material ;  where  to  be  located  ;  and 
in  general  set  forth  such  further  requirements  and  safeguards  as  will  protect  the 
public  interests  and  prevent  injury  to  the  said  navigable  rivers,  and  the  lands  adjacent 
thereto,  with  such  further  conditions  and  limitations  as  will  observe  all  the  pro- 
visions of  this  act  in  relation  to  the  working  thereof  and  the  payment  of  taxes  on 
the  gross  proceeds  of  the  same ;  provided,  that  all  expense  incurred  in  complying  with 
said  order  shall  be  borne  by  the  owner  or  owners  of  such  mine  or  mines. 

Sec.  14.  That  such  petitioner  or  petitioners  must  within  a  reasonable  time  pre- 
sent plans  and  specifications  of  all  works  required  to  be  built  in  pursuance  of  said 
order  for  examination,  correction,  and  approval  by  said  commission  ;  and  thereupon 
work  may  immediately  commence  thereon  under  the  supervision  of  said  commission 
or  representative  thereof  attached  thereto  from  said  corps  of  engineers,  who  shall 
inspect  same  from  time  to  time.  Upon  completion  thereof,  if  found  in  every  respect 
to  meet  the  requirements  of  the  said  order  and  said  approved  plans  and  specifications, 
permission  shall  thereupon  be  granted  to  the  owner  or  owners  of  such  mine  or  mines 
to  commence  mining  operations,  subject  to  the  conditions  of  said  order  and  the  pro- 
visions of  this  act. 

Sec.  15.  That  no  permission  granted  to  a  mine  owner  or  owners  under  this  act 
shall  take  effect,  so  far  as  regards  the  working  of  a  mine,  until  all  impounding  dams 
or  other  restraining  works,  if  any  are  prescribed  by  the  order  granting  such  per- 
mission, have  been  completed  and  until  the  impounding  dams  or  other  restraining 
works  or  settling  reservoirs  provided  by  said  commission  have  reached  such  a  stage  as 
in  the  opinion  of  said  commission,  it  is  safe  to  use  the  same;  provided,  however,  that 
if  said  commission  shall  be  of  the  opinion  that  the  restraining  and  other  works  already 
constructed  at  the  mine  or  mines  shall  be  sufficient  to  protect  the  navigable  rivers 
of  said  systems  and  the  work  of  said  commission,  then  the  owner  or  owners  of  such 
mine  or  mines  may  be  permitted  to  commence  operations. 

Sec.  1G.  That  in  case  the  joint  petition  referred  to  in  section  eleven  hereof  is 
granted,  the  commission  shall  fix  the  respective  amounts  to  be  paid  by  each  owner 
of  such  mines  toward  providing  and  building  necessary  impounding  dams  or  other 
restraining  works.  In  the  event  of  a  petition  being  filed  after  the  entry  of  such 
order,  or  in  case  the  impounding  dam  or  dams  or  other  restraining  works  have  already 
been  constructed  and  accepted  by  said  commission,  the  commission  shall  fix  such 
amount  as  may  be  reasonable  for  the  privilege  of  dumping  therein,  which  amount 
shall  be  divided  between  the  original  owners  of  such  impounding  dams  or  other 
restraining  works  in  proportion  to  the  amount  respectively  paid  by  each  party  own- 
ing same.  The  expense  of  maintaining  and  protecting  such  joint  dam  or  works  shall 
be  divided  among  mine  owners  using  the  same  in  such  proportion  as  the  commission 
shall  determine.  In  all  cases  w^here  it  is  practicable,  restraining  and  impounding 
works  are  to  be  provided,  constructed  and  maintained  by  mine  owners  near  or  below 
the  mine  or  mines  before  reaching  the  main  tributaries  of  said  navigable  waters. 


Mixixr,  LAWS.  37 

S'EC.  17.  That  at  no  time  shall  any  more  debris  be  permitted  to  be  washed  away 
from  any  hydraulic  mine  or  mines  situated  on  the  tributaries  of  said  rivers  and  the 
respective  branches  of  each,  woi'ked  under  the  provisions  of  this  act,  than  can  be 
impounded  within  the  restraining  works  erected. 

Sec.  18.  That  the  said  commission  may  at  any  time  when  the  condition  of  the 
navigable  rivers  or  when  the  capacities  of  all  impounding  and  settling  facilities  erected 
by  mine  owners  or  such  as  may  be  provided  by  government  authority  require  same, 
modify  the  order  granting  the  privilege  to  mine  by  the  hydraulic  mining  process  so 
as  to  reduce  amount  thereof  to  meet  the  capacities  of  the  facilities  then  in  use,  or, 
Jt  actually  required  in  order  to  protect  the  navigable  rivers  from  damage,  may  revoke 
same  until  the  further  notice  of  the  comraission. 

Sec.  19.  That  an  intentional  violation  on  the  part  of  a  mine  owner  or  owners, 
company,  or  corporation,  or  the  agents  or  the  employees  of  either,  of  the  conditions 
of  the  order  granted  pursuant  to  section  thirteen,  or  such  modiflcations  thereof  as 
may  have  been  made  by  said  commission,  shall  work  a  forfeiture  of  the  privileges 
thereby  conferred,  and  upon  notice  being  served  by  the  order  of  said  commission 
upon  such  owner  or  owners,  company  or  corporation,  or  agent  in  charge,  work  shall 
immediately  cease.  Said  commission  shall  take  necessary  steps  to  enforce  its  orders 
in  case  of  the  failure,  neglect,  or  refusal  of  such  owner  or  owners,  company,  or  corpo- 
ration, or  agents  thereof,  to  comply  therewith,  or  in  the  event  of  any  person  or  per- 
sons, company  or  corporation  working  by  said  process  in  said  territory  contrary  to 
law. 

Sec.  2ti.  That  said  commission,  or  a  comiuittt'e  therefrom  or  officer  of  said  corps 
assigned  to  duty  under  its  orders,  shall,  whenever  deemed  necessary,  visit  said  terri- 
tory and  all  mines  operating  under  the  provisions  of  this  act.  A  report  of  such 
examination  shall  be  placed  on  file. 

Sec.  21.  That  the  said  commission  is  hereby  granted  the  right  to  use  any  of  the 
public  lands  of  the  United  States,  or  any  rock,  stone,  timber,  trees,  brush,  or  material 
thereon  or  therein,  for  any  of  the  purposes  of  this  act ;  and  the  secretary  of  the 
interior  is  hereby  authorized  and  requested,  after  notice  has  been  filed  with  the  com- 
missioner of  the  general  land  office  by  said  commission,  setting  forth  what  public 
lands  are  required  by  it  under  the  authority  of  this  section,  that  such  land  or  lands 
shall  be  withdrawn  from  sale  and  entry  under  the  laws  of  the  United  States. 

Sec.  22.  That  any  person  or  persons  who  wilfully  or  maliciously  injure,  damage, 
or  destroy,  or  attempt  to  injure,  damage  or  destroy,  any  dam  or  other  work  erected 
under  the  provisions  of  this  act  for  restraining,  impounding,  or  settling  purposes,  or 
for  use  in  connection  therewith,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  to  exceed  the  sum  of  five  thousand  dollars  or 
be  imprisoned  not  to  exceed  five  years,  or  by  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court.  And  any  person  or  persons,  company  or  corporation,  their 
agents  or  employees,  who  shall  mine  by  the  hydraulic  process  directly  or  indirectly 
injuring  the  navigable  waters  of  the  United  States,  in  violation  of  the  provisions  of 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  not  exceeding  five  thousand  dollars,  or  by  imprisonment  not  exceed- 
ing one  year,  or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court; 
provided,  that  this  section  shall  take  effect  on  the  first  day  of  May,  eighteen  hundred 
and  ninety-three. 

Sec.  23.  That  upon  the  construction  by  the  said  commission  of  dams  or  other 
works  for  the  detention  of  debris  from  hydraulic  mines  and  the  issuing  of  the  order 
provided  for  by  this  act  to  any  individual,  company,  or  corporation  to  work  any 
mine  or  mines  by  hydraulic  process,  the  individual,  company,  or  corporation  oper- 
ating thereunder  working  any  mine  or  mines  by  hydraulic  process,  the  debris  from 
which  flows  into  or  is  in  whole  or  in  part  restrained  by  such  dams  or  other  works 
erected  by  said  commission,  shall  pay  a  tax  of  three  per  centum  on  the  gross  proceeds 
of  his,  their,  or  its  mine  so  worked  ;  which  tax  of  three  per  centum  shall  be  ascer- 
tained and  paid  in  accordance  with  regulations  to  be  adopted  by  the  secretary  of 
the  treasury,  and  the  treasurer  of  the  United  States  is  hereby  authorized  to  receive 
the  same.     All   sums  of  money   paid   into   the   treasury   under   this  section   shall   be 


38  CALIFORNIA    STATE    MINING    BUREAU. 

set  apart  and  credited  to  a  fund  to  be  known  as  the  "Debris  Fund,"'  and  shall  be 
expended  by  said  commission  under  the  supervision  of  the  chief  of  engineers  and 
direction  of  the  secretary  of  war,  in  addition  to  the  appropriations  made  by  law 
in  the  construction  and  maintenance  of  such  restraining  works  and  settling  reservoirs 
as  may  be  proper  and  necessary  ;  provided,  that  said  commission  is  hereby  authorized 
to  receive  and  pay  into  the  treasury  from  the  owner  or  owners  of  mines  worked 
by  the  hydraulic  process,  to  whom  permission  may  have  been  granted  so  to  work 
under  the  provisions  thereof,  such  money  advances  as  may  be  offered  to  aid  in  the 
construction  of  such  impounding  dams  or  other  restraining  works,  or  settling  reser- 
voirs, or  sites  therefor,  as  may  be  deemed  necessary  by  said  commission  to  protect- 
the  navigable  channels  of  said  river  systems,  on  condition  that  all  moneys  so  advanced 
shall  be  refunded  as  the  said  tax  is  paid  into  the  said  debris  fund;  and  provided, 
further,  that  in  no  event  shall  the  government  of  the  United  States  be  held  liable 
to  refund  same  except  as  directed  by  this  section. 

Sec.  24.  That  for  the  purpose  of  securing  harmony  of  action  and  economy  of 
expenditures  in  the  work  to  be  done  by  the  United  States  and  the  state  of  California, 
respectively,  the  former  in  its  plans  for  the  improvement  and  protection  of  the 
navigable  streams  and  to  prevent  the  depositing  of  mining  debris  or  other  materials 
within  the  same,  and  the  latter  in  its  plans  authorized  by  law  for  the  reclamation, 
drainage,  and  protection  of  its  lands,  or  relating  to  the  working  of  hydraulic  mines, 
the  said  commission  is  empowered  to  consult  thereon  with  a  commission  of  engineers 
of  said  state,  if  authorized  by  said  state  for  said  purpose,  the  result  of  such  confer- 
ence to  be  reported  to  the  chief  of  engineers  of  the  United  States  army,  and  if  by 
him  approved  shall  be  followed  by  said  commission. 

Sec.  25.  That  said  commission,  in  order  that  such  material  as  is  now  or  may 
hereafter  be  lodged  in  the  tributaries  of  the  Sacramento  and  San  Joaquin  river 
systems  resulting  from  mining  operations,  natural  erosion,  or  other  causes,  shall  bo 
prevented  from  injuring  the  said  navigable  rivers  or  such  of  the  tributaries  of  either 
as  may  be  navigable  and  the  land  adjacent  thereto,  is  hereby  directed  and  empowered, 
when  appropriations  are  made  therefor  by  law,  or  sufficient  money  is  deposited  for 
that  purpose  in  said  debris  fund,  to  build  at  such  points  above  the  head  of  navigation 
in  said  rivers  and  on  the  main  tributaries  thereof,  or  branches  of  such  tributaries, 
or  at  any  place  adjacent  to  the  same,  which  in  the  judgment  of  said  commissiou 
will  effect  said  object  (the  same  to  be  of  such  material  as  will  insure  safety  and 
permanency),  such  restraining  or  impounding  dams  and  settling  reservoirs,  with 
such  canals,  locks,  or  other  works  adapted  and  required  to  complete  same.  The 
recommendations  contained  in  executive  document  numbered  two  hundred  and  sixty- 
seven,  fifty-first  congress,  second  session,  and  executive  document  numbered  ninety- 
eight,  forty-seventh  congress,  first  session,  as  far  as  they  refer  to  impounding  dams, 
or  other  restraining  works  are  hereby  adopted,  and  the  same  are  directed  to  be  made 
the  basis  of  operations.  The  sum  of  fifteen  thousand  dollars  is  hereby  appropriated, 
from  moneys  in  the  treasury  not  otherwise  appropriated,  to  be  immediately  available 
to  defray  the  expenses  of  said  commission. 

Approved   March   1,  1S93. 

REGULATIONS  FOR  EXPLOSIVES. 

[Public    Resolution— No.    6S— 65th    Congress— H.    R.    3932.] 

[Approved,  October  6,  1917.] 

An  Act  To  prohibit  tiie  manufacture,  distribution,  storage,  use  and  possession  In 
time  of  war  of  explosives,  providing  regulations  for  the  safe  manufacture, 
distribution,    storage,    use,    and    possession   of   the   same,   and   for   other   purposes. 

Be  it  enacted  by  the  senate  and  hou-ie  of  representatives  of  the  United  States  of 
Aw-criea  in  conr/rcss  assenihled.  That  when  the  United  States  is  at  war  it  shall  be 
unlawful  to  manufacture,  distribute,  store,  use,  or  possess  powder,  explosives,  blasting 
supplies,  or  ingredients  thereof,  in  such  manner  as  to  be  detrimental  to  the  public 
safety,  except  as  in  this  Act  provided. 


MINING    LAWS.  39 

Sec.  2.  That  the  words  "explosive"  and  "explosives"  when  used  herein  shall 
mean  gunpowders,  powders  used  for  blasting,  all  forms  of  high  explosives,  blasting 
materials,  fuses,  detonators,  and  other  detonating  agents,  smokeless  powders,  and 
any  chemical  compound  or  mechanical  mixture  that  contains  any  oxidizing  and  com- 
bustible units,  or  other  ingredients,  in  such  proportions,  quantities  or  packing  that 
ignition  by  fire,  by  friction,  by  concussion,  by  percussion,  or  by  detonation  of,  or  any 
part  of  the  compound  or  mixture  may  cause  such  a  sudden  generation  of  highly 
heated  gases  that  the  resultant  gaseous  pressures  are  capable  of  producing  destructive 
effects  on  contiguous  objects,  or  of  destroying  life  or  limb,  but  shall  not  include  small 
arms  or  shotgun  cartridges:  Provided,  That  nothing  herein  contained  shall  be  con- 
strued to  prevent  the  manufacture,  under  the  authority  of  the  Government,  of  ex- 
plosives for,  their  sale  to  or  their  possession  by,  the  military  or  naval  service  of  Ihe 
United  States  of  America. 

Sec.  3.  That  the  word  "ingredients"  when  used  herein  shall  mean  the  materials 
and  substances  capable  by  combination  of  producing  one  or  more  of  the  explosives 
mentioned  in  section  one  hereof. 

Sec.  4.  That  the  word  "person,"  when  used  herein,  shall  include  States,  Terri- 
tories, the  District  of  Columbia,  Alaska,  and  other  dependencies  of  the  United  States, 
and  municipal  subdivisions  thereof,  individual  citizens,  firms,  associations,  societies 
and  corporations  of  the  United  States  and  of  other  countries  at  peace  with  the  United 
States. 

Sec.  r>.  That  from  and  after  forty  days  after  the  passage  and  approval  of  this 
Act  no  person  shall  have  in  his  possession  or  purchase,  accept,  receive,  sell,  give, 
barter  or  otherwise  dispose  of  or  procure  explosives,  or  ingredients,  except  as  provided 
in  this  Act :  Provided.  That  the  purchase  or  possession  of  said  ingredients  when  pur- 
chased or  held  in  small  quantities  and  not  used  or  intended  to  be  used  in  the  manu- 
facture of  explosives  are  not  subject  to  the  jn'ovisious  of  this  Act :  Provided  further. 
That  the  superintendent,  foreman,  or  other  duly  authorized  employee,  at  a  mine, 
quarry,  or  other  work,  may,  when  licensed  so  to  do,  sell  or  issue,  to  any  workman 
under  him,  such  an  amount  of  explosives,  or  ingredients,  as  may  be  required  by  that 
workman  in  the  performance  of  his  duties,  and  the  workman  may  purchase  or  accept 
the  explosives,  or  ingredients,  so  sold  or  issued,  but  the  person  so  selling  or  issuing 
same  shall  see  that  any  unused  explosives,  or  ingredients,  are  returned,  and  that  no 
explosives,  or  ingredients,  are  taken  by  the  workman  to  any  point  not  necessary  to 
the  carrying  on  of  his  duties. 

Sec.  6.  That  'nothing  contained  herein  shall  apply  to  explosives  or  ingredients 
while  being  transported  upon  vessels  or  railroad  cars  in  conformity  with  statutory 
law  or  Interstate  Commerce  Commission  rules. 

Sec.  7.  That  from  and  after  forty  days  after  the  passage  of  this  Act  no  person 
shall  manufacture  explosives  unless  licensed  so  to  do,  as  hereinafter  provided. 

Sec.  S.  That  any  licensee  or  applicant  for  license  hereunder  shall  furnish  such 
information  regarding  himself  and  his  business,  so  far  as  such  business  relates  to  or  is 
connected  with  explosives  or  ingredients  at  such  time  and  in  such  manner  as  the 
Director  of  the  Bureau  of  Mines,  or  his  authorized  representative,  may  request, 
excepting  that  those  who  have  been  or  are  at  the  time  of  the  passage  of  this  Act 
regularly  engaged  in  the  manufacture  of  explosives  shall  not  be  compelled  to  disclose 
secret  processes,  costs,  or  other  data  unrelated  to  the  distribution  of  explosives. 

Sec.  9.  That  from  and  after  forty  days  after  the  passage  and  approval  of  this 
Act  every  person  authorized  to  sell,  issue,  or  dispose  of  explosives  shall  keep  a  com- 
plete itemized  and  accurate  record,  showing  each  person  to  whom  explosives  are  sold, 
given,  bartei-ed,  or  to  whom  or  how  otherwise  disposed  of,  and  the  quantity  and  kind  of 
explosives,  and  the  date  of  each  such  sale,  gift,  barter,  or  other  disposition,  and  this 
record  shall  be  sworn  to  and  furnished  to  the  Director  of  the  Bureau  of  Mines,  or  his 
authorized  representatives,  whenever  requested. 

Licenses. 

Sec.  10.  That  the  Director  of  the  Bureau  of  Mines  is  hereby  authorized  to  issue 
licenses  as  follows : 


40  CALII'OI.'XIA    S'l'A'll-:    MINIX(i     lUKKAF. 

(a)  Manufactuiei'"s  liccusc.  autlioi-izin^  I  he  inaiuiractuiv.  posst'^^siuii.  and  sale,  of 
explosives  aiul  ingredients. 

(b)  A'endor's  license,  autliorizinu  the  pureliase,  itossessiou.  and  sale  of  explosives 
or  ingredients. 

(c)  Purchaser's  license,  authorizing  the  i)urchase  and  possession  of  explosives  and 
ingredients. 

(d)  Foreman's  license,  authorizing  the  purchase  and  possession  of  explosives  and 
ingredients,  and  the  sale  and  issuance  of  explosives  and  ingredients  to  workmen  under 
the  proviso  to  section  five  above. 

(e)  Exporter's  license,  authorizing  the  licensee  to  export  explosives,  but  no  such 
license  shall  authorize  exportation  in  violation  of  any  proclamation  of  the  President 
issued  under  any  Act  of  Congress. 

(f)  Importer's  license,  authorizing  the  licensee  to  import  explosives. 

(g)  Analyst's,  educator's,  inventor's,  and  investigator's  licenses,  authorizing  the 
purchase,  manufacture,  possession,  testing,  and  disposal  of  explosives  and  ingredients. 

Sec.  n.  That  the  Director  of  the  Bureau  of  Mines  shall  issue  licenses,  upon 
application  duly  made,  but  only  to  citizens  of  the  United  States  of  America,  and  to 
the  subjects  or  citizens  of  nations  that  are  at  peace  with  them,  and  to  corporations, 
firms,  and  associations  thereof,  and  he  may.  in  his  discretion,  refuse  to  issue  a  license, 
when  he  lias  reason  to  believe,  from  facts  of  which  he  has  knowledge  or  reliable  infor- 
mation, that  the  applicant  is  disloyal  or  hostile  to  the  United  States  of  America,  or 
that,  if  the  applicant  is  a  firm,  association,  society,  or  corporation,  its  controlling 
stockholders  or  members  are  disloyal  or  hostile  to  the  United  States  of  America.  The 
director  may,  when  he  has  reason  to  believe  on  like  grounds  that  any  licensee  is  so 
dislo.val  or  hostile,  revoke  any  license  issued  to  him.  Any  applicant  to  whom  a  license 
is  refused  or  any  licensee  whose  license  is  revoked  by  the  said  director  may.  at  any 
time  within  thirty  da.vs  after  notifieation  of  the  rejection  of  his  application  or  revoca- 
tion of  his  license,  apply  for  such  license  or  the  cancellation  of  such  revocation  to 
the  Council  of  National  Defense,  which  shall  make  its  order  upon  the  director  either 
to  grant  or  to  withhold  the  license. 

Sec.  1'2.  That  any  person  desiring  to  manufacture,  sell,  export,  import,  store,  or 
purchase  exi)losives,  or  ingi'edieuts.  or  to  keep  explosives  or  ingredients  in  his  pos- 
session, shall  make  application  for  a  license,  which  ajiplication  shall  state,  under  onth, 
the  name  of  the  applicant ;  the  place  of  birtli :  whether  native  born  or  naturalized  citi- 
zen of  the  United  States  of  America  :  if  a  naturalized  citizen,  the  date  and  place  of 
naturalization :  business  in  which  engaged :  the  amount  and  kind  of  explosives  or 
ingredients  which  durin.g  the  past  six  months  have  been  purchased,  disposed  of.  or 
used  by  him ;  the  amount  and  kind  of  explosives  or  ingredients  now  on  hand  :  whether 
sales,  if  any,  have  been  made  to  jobbers,  wholesalers,  retailers,  or  consumers :  the 
kind  of  license  to  be  issued,  and  the  kind  and  amount  of  explosives  or  ingredients  to 
be  authorized  by  the  license;  and  such  further  information  as  the  Director  of  the 
Bureau  of  INIines  may,  by  rule,  from  time  to  time  require. 

Applications  for  vendor's,  purchaser's,  or  foreman's  licenses  shall  be  made  to  such 
officers  of  the  State,  Territory,  or  dependency  having  jurisdiction  in  the  district  within 
which  the  explosives  or  ingredients  are  to  be  sold  or  used,  and  having  the  power  to 
administer  oaths  as  may  be  designated  by  the  Director  of  the  Bureau  of  Mines,  who 
shall  issue  the  same  in  the  name  of  such  director.  Such  officers  shall  be  entitled  to 
receive  from  the  applicant  a  fee  of  25  cents  for  each  license  issued.  They  shall  keep 
an  accurate  record  of  all  licenses  issued  in  manner  and  form  to  be  prescribed  by  the 
Director  of  the  Bureau  of  Mines,  to  whom  they  shall  make  reports  from  time  to  time 
as  may  be  by  rule  issued  by  the  director  required.  The  necessary  blanks  and  blank 
records  shall  be  furnished  to  such  officers  by  the  said  director.  Licensing  officers  shall 
be  subject  to  removal  for  cause  by  the  Director  of  the  Bureau  of  Mines,  and  all 
licenses  issued  by  them  shall  be  subject  to  revocation  by  the  director  as  provided  in 
section  eleven. 

Sec.  13.  That  the  President,  by  and  with  the  advice  and  consent  of  the  Senate, 
may  appoint  in  each  State  and  in  Alaska  an  explosives  inspector,  whose  duty  it  shall 
be,  under  the  direction  of  the  Director  of  the  Bureau  of  Mines,  to  see  that  this  .\ct 


MJNIN(;     LAWS.  41 

is  faithfully  executed  aud  observed.  Each  such  inspector  shall  receive  a  salary  of 
.$2,400  per  annum.  He  may  at  any  time  be  detailed  for  servic-e  by  said  director  in  the 
District  of  Columbia  or  in  any  State.  Territory,  or  deiit'udency  of  the  United  Stales. 
All  additional  emi)loyees  required  in  carryiuj;  out  the  provisions  of  this  Act  shall  be 
appointed  by  the  Director  of  the  Bureau  of  Mines,  subject  to  the  approval  of  the  Sec- 
retary of  the  Interior. 

Sec.  14.  That  it  shall  be  unlawful  for  any  person  to  represent  himself  as  having 
a  license  issued  under  this  Act.  when  he  has  not  such  a  license,  or  as  having;  a  license 
different  in  form  or  in  conditions  from  the  one  which  he  in  fact  has.  or  without  proper 
authority  make,  cause  to  be  made,  issue  or  exhibit  anything  i)urportiuji  or  pretendins 
to  be  such  licen.se.  or  intended  to  mislead  any  jterson  into  believinfr  it  is  such  a  license, 
or  to  refuse  to  exhibit  his  license  to  any  peace  officer.  Federal  or  State,  or  represent- 
ative of  the  Bureau  of  Mines. 

Sec.  1.").  That  no  inspector  or  other  emi)loyee  of  the  Bureau  of  Mines  shall  divulge 
any  information  obtained  in  the  cour.se  of  his  duties  under  this  Act  reirardins  the  busi- 
ness of  any  licensee,  or  applicant  for  license,  without  authority  from  the  applicant  for 
license  or  from  the  Director  of  the  Bureau  of  Mines. 

Sec.  K!.  That  every  person  authorized  under  this  Act  to  manufacture  or  store 
explosives  or  in;y:redients  shall  clearly  mark  and  define  the  premises  on  which  his  jilant 
or  maj;a7,ine  may  be  and  shall  conspicuously  display  thereon  the  words  ""Explosives — 
Keep  Off."" 

Sec.  17.  That  no  iierson.  without  the  consent  of  the  owner  or  his  authorized 
agents,  except  peace  otiicers,  the  Director  of  the  Bureau  of  Mines  and  persons  desig- 
nated by  him  in  writing,  shall  be  in  or  upon  any  plant  or  i)remises  on  which  explo- 
sives are  manufactured  or  stored,  or  be  in  or  upon  any  masazine  i)remises  on  which 
exi)losives  are  stored:  nor  shall  any  person  dischar;Lre  any  firearms  or  throw  or  place 
any  explosives  or  inflammable  bombs  at.  on.  or  airainst  any  such  plant  or  mairazine 
premises,  or  c-ause  the  same  to  be  done. 

Sec.  is.  That  the  Director  of  the  Bureau  of  Mines  is  hereby  authorized  to  make 
rules  and  regulations  for  carrying  into  effect  this  Act.  sul)ject  to  the  approval  of  the 
Secretary  of  the  Interior. 

Sec.  1!).  That  any  isersou  violating  any  of  the  provisions  of  this  Act.  or  any  rules 
or  regulations  made  thereunder,  shall  be  guilty  of  a  misdemeanor  and  shall  be  p)in- 
ished  by  a  fine  of  not  more  than  .$."3.(MM>  or  by  imprisonment  not  more  than  one  year, 
or  by  both  such  fine  and  imprisonment. 

Sec.  20.  That  the  Director  of  the  Bureau  of  Mines  is  hereby  authorized  to  inves- 
tigate all  explosions  and  fires  which  may  occur  in  mines,  quarries,  factories,  ware- 
houses, magazines,  houses,  cars,  boats,  conveyances,  and  all  places  in  which  explosives 
or  the  ingredients  thereof  are  manufactured,  transported,  stored,  or  used,  and  shall, 
in  his  discretion,  report  his  findings,  in  such  manner  as  he  may  deem  fit.  to  the  proper 
Federal  or  State  authorities,  to  the  end  that  if  such  explosion  has  been  brought  about 
by  a  willful  act  the  jjersou  or  persons  causing  such  act  may  be  i)roceeded  against  and 
l-.rought  to  justice  ;  or,  if  said  explosion  has  been  brought  about  by  accidental  means, 
that  precautions  may  be  taken  to  prevent  similar  accidents  from  occurring.  In  the 
I)rosecution  of  such  investigations  the  employees  of  the  Bureau  of  Mines  are  hereby 
granted  the  authority  to  enter  the  premises  where  such  explosion  or  fire  has  occurred, 
to  examine  plans,  books,  and  papers,  to  administer  oaths  to,  and  to  examine  all  wit- 
nesses and  i)er.sons  concerned,  without  let  or  hindrance  on  the  part  of  the  owner, 
lessee,  operator,  or  agent  thereof. 

Sec.  21.  That  the  IHrector  of  the  Bureau  of  Mines,  with  the  approval  of  the 
President,  is  hereby  authorized  to  utilize  such  agents,  agencies,  aud  all  officers  of  the 
United  States  and  of  the  several  States.  Territories,  dependencies,  and  municipalities 
thereof,  and  the  District  of  Columbia,  in  the  execution  of  this  Act.  and  all  agents, 
agencies,  and  all  officers  of  the  United  States  and  of  the  several  States  and  Territories, 
dependencies,  and  mimicipalities  thereof,  and  the  District  of  Columbia,  shall  hereby 
have  full  authority  for  all  acts  done  by  them  in  the  execution  of  this  .Vet  when  acting 
bv  the  direction  of  the  Bureau  of  Mines. 


42  CALIFORNIA    STATE    MINING    BUREAU. 

Sec.  22.  That  for  the  enforcement  of  the  provisions  of  this  Act,  including  personal 
services  in  the  District  of  Columbia  and  elsewhere,  and  including  supplies,  equipment, 
expenses  of  ti-aveling  and  subsistence,  and  for  the  purchase  and  hire  of  auimal-drawn 
or  motor-propelled  passenger-carrying  vehicles,  and  upkeep  of  same,  and  for  every 
other  expense  incident  to  the  enforcement  of  the  provisions  of  this  Act,  there  is  hereby 
appropriated,  out  of  any  money  in  the  Ti'easury  not  otherwise  appropriated,  the  sum 
of  .$8tMt.UU0.  or  so  much  thereof  a.s  may  be  necessary  :  Provided.  That  not  to  exceed 
.');10,000  shall  be  expended  in  the  purchase  of  motor-propelled  passenger-carrying 
vehicles. 

INSTRUCTIONS  TO  OWNERS  AND  OPERATORS  OF  HYDRAULIC 
MINES  IN  CALIFORNIA. 

[November,  1915.] 

1.  The  California  Debris  Commission  is  composed  of  three  officers  of  the  Corps  of 
Engineers,  United  States  Army,  who  are  appointed  by  the  President  of  the  United 
States,  with  the  advice  and  consent  of  the  United  States  Senate,  under  the  authority 
of  the  Act  of  Congress,  approved  March  1,  1S93.  The  Commission  is  chai-ged  by  this 
act  with  the  enforcement  of  its  provisions,  including  such  regulation  and  control  of 
hydraulic  mining  in  the  drainage  areas  of  the  Sacramento  and  San  Joaquin  rivers 
of  the  State  of  California  as  is  necessary  to  cause  the  tailings  from  such  mining  to  be 
so  impounded  in  the  vicinity  of  the  mine  as  to  prevent  injury  to  the  navigable  rivers 
and  adjacent  lands.  The  owners  and  operators  of  such  mines  are  required  by  this 
law  to  comply  strictly  with  such  requirements  of  the  Commission  as  may  be  deemed 
necessary  to  effect  this  purpose.  An  extreme  penalty  of  $5,000  fine  and  one  year's 
imprisonment  is  provided  for  violation  of  the  act. 

2.  Hydraulic  mining  embraces  all  mining  operations  where  water  is  used  under 
pressure  through  a  nozzle  against  any  bank  of  earth,  gravel,  or  other  similar  material, 
thus  eroding  the  bank.  It  is  forbidden  by  law  except  under  the  supervision  of  the 
Commission. 

3.  The  law  requires  that  in  all  cases  a  license  or  written  permission  must  be 
obtained  from  the  Commission  before  hydraulic  mining  in  the  regions  mentioned  can 
be  legally  carried  on. 

4.  Licenses  or  permission  to  mine  by  the  hydraulic  process  are  revocable  by  the 
Commission,  and  will  not  be  given  unless  the  requirements  of  the  Commission  are 
complied  with  as  to  sufficiency  of  suitable  restraining  barriers  or  dams.  Licenses, 
when  granted,  will  be  suspended  or  revoked  for  failure  to  properly  maintain  such 
barriers  or  dams  or  for  failure  to  make  the  reports  and  furnish  information  asked 
for  by  the  Commission. 

5.  Licenses  are  obtained  by  making  application  to  the  California  Debris  Commis- 
sion, San  Francisco,  Cal.,  on  the  special  blank  form  issued  by  the  Commission, 
copies  of  which  will  be  sent  on  request,  free  of  cost. 

6.  Licenses  are  not  transferable  and  are  valid  only  for  the  operations  of  th"?  indi- 
vidual or  company,  and  for  the  special  mine  named  in  the  license. 

7.  By  the  terms  of  the  law  an  application  for  a  license  must  be  advertised  by  the 
Commission  in  the  newspapers  to  allow  any  protests  to  be  filed  with  the  Commission. 
This  advertising  usually  takes  about  three  weeks. 

8.  As  soon  as  practicable  after  receiving  an  application,  the  Commission,  or  its 
representative,  will  visit  the  sites  proposed  by  the  applicants  for  the  restraining 
works.  If  these  are  found  satisfactory,  and  if  no  suitably  substantiated  protest  is 
filed,  the  Commission  will  issue  an  order  granting  authority  to  construct  the  dams 
or  barriers,  with  the  requirements  as  to  the  work.  Any  work  on  a  dam  before  such 
authorization  is  wholly  at  the  builder's  risk,  and  may  not  be  accepted  by  the  Com- 
mission. Any  variation  in  location,  order,  or  character  of  work  from  that  specified 
by  the  Commission  may  also  cause  rejection  of  the  dam. 

9.  At  least  three  weeks  before  beginning  any  of  the  work  under  the  order  of  the 
Commission,  the  interested  party  must  give  the  Commission  notice  to  permit  such 
arrangement  for  such  inspection  of  the  work  as  the  Commission  may  require.     The 


MINING    LAWS.  43 

expense  of  this  inspection,  including  salary,  traveling  and  other  expenses  of  the 
inspectors,  as  well  as  other  cost  involved  in  securing  compliance  with  the  order  grant- 
ing authority  to  construct  the  restraining  works  must,  under  the  law,  be  borne  by 
the  mine  owners  or  operators.  The  amount  of  the  Commission's  estimate  of  the 
expense  of  inspection  must  be  deposited  with  the  Commission,  in  a  form  acceptable 
to  it.  prior  to  the  beginning  of  the  works.  If  this  deposit  proves  insufficient  for  the 
purpose,  additional  deposits  must  be  made  when  called  for  by  the  Commission.  After 
inspection  any  unused  balance  will  be  returned,  with  a  statement  showing  expendi- 
tures made  from  the  deposits.  After  the  restraining  works  are  found  satisfactory  to 
the  Commission  it  will  issue  a  revocable  license  to  mine.  Until  the  license  is  issued 
it  is  illegal  to  mine. 

10.  When  the  license  has  been  issued,  a  report  must  be  submitted  every  month  on 
blank  form  for  this  purpose  furnished  by  the  Commission  upon  reqnost.  If  no  mining 
is  carried  on  for  any  month,  the  small  form  is  to  be  used;  otherwise,  the  large  form 
must  be  forwarded.     All  blank  spaces  should  be  carefully  and  accurately  filled. 

11.  In  case  of  any  accident  to  a  restraining  dam  affecting  its  efficiency,  mining 
must  immediately  cease  and  the  Commission  must  be  notified  promptly. 

12.  Dams  must  be  kept  water  tight,  and  the  parties  using  them  must  promptly 
<'heck  leakage.  Before  the  debris  held  back  has,  within  such  distance  (not  less 
than  one  hundred  feet)  from  the  weir  as  the  Commission  may  require,  risen  to  a 
point  three  (3)  feet  below  the  level  of  the  lowest  point  of  the  restraining  barrier,  or 
weir,  mining  must  stop  until  more  impounding  capacity  is  provided  in  accordance 
with  methods  then  affirmatively  approved  by  the  Commission. 

13.  Due  notice  of  change  in  names  of  mines  must  be  given  to  the  Commission  by 
the  parties  at  interest. 

14.  The  mine  owners  are  usually  expected  to  have  the  inspector  met  at  the  nearest 
railway  or  stage  station  and  taken  to  the  mine  and  back.  As  many  regions  where 
mines  are  located  are  inaccessible  in  winter  time,  applications  for  licenses  and 
inspections  should  be  submitted  as  early  in  the  season  as  practicable.  Delay  in 
attending  to  this  may  occasion  the  loss  of  considerable  time  or  an  entire  season. 

in.  To  avoid  delay  due  to  loss  of  letters  it  is  suggested  that  requests  be  repeated 
within  a  reasonable  time,  if  not  promptly  acknowledged  or  acted  upon.  All  commu- 
nications should  be  addressed  to  the  Secretary,  California  Debris  Commission, 
Room  40o.  Custom  House,  San  Francisco,  Cal. 

Ifi.  Constniction  of  any  restraining  barrier  not  affirmatively  authorized  by  the 
Commission,  is  prohibited.  Where  there  exists  above  any  restraining  barrier  author- 
ized by  the  Commission,  any  barrier  not  now  approved  by  it  as  permanent,  the  total 
rapacity  of  the  authorized  barrier  up  to  its  crest  and  to  such  slope  as  the  material 
may  attain  must  be  ample,  in  addition  to  that  required  by  Rule  12.  to  care  for  the 
material  temporarily  restrained  when  it  finally  reaches  the  permanent  barrier. 
By   direction   of  the  California  Debris  Commission: 

L.   H.   RAND, 
Major,  Corps  of  Engineers,  IT.  S.  Army. 

Secretary. 


44  CALIFORNIA    STATE    MINING    BUTJKAU 

CALIFORNIA  STATUTES. 


An  act  to  repeal  Title  XI  of  Part  IV  of  Division  First  of  the  Civil  Code  and  each 
and  every  section  of  said  title,  and  to  substitute  a  new  Title  XI  to  take  the 
place  thereof  in  said  code,  relating  to  mining  corporations. 

[Approved  March  21,   1905.] 

The   people    of    the   state    of    California,    represented   in    senate   and    assembly,    do 

enact  as  follows: 

Section  1.  Title  XI  and  Part  IV  of  Division  First  of  the  Civil  Code  and  each 
and  every  section  of  said  title  are  hereby  repealed,  and  a  new  Title  XI  is  substi- 
tuted in  place  thereof  in  said  code,  to  read  as  follows : 

TITLE  XI. 

MINING    COBPOKATIONS. 

Sec.   586.  Transfer  agencies. 

587.  Stock  Issued  at  transfer  agencies. 
587a.  Consolidation   of   mining  corporations. 

588.  Books   and    balance   sheets   to    be   kept    by    secretary.     Stockholders'    right 

to  inspect. 

589.  Right  of  stockholders  to  visit  mine  with  expert. 

590.  Liability   of   presidents  and   directors. 

§  586.  Any  corporation  organized  in  this  state  for  the  purpose  of  mining  or 
carrying  on  mining  operations  in  or  without  this  state,  may  establish  and  maintain 
agencies  in  other  states  of  the  United  States,  for  the  transfer  and  issuing  of  their 
stock ;  and  a  transfer  or  issue  of  the  same  at  any  such  transfer  agency,  in  accordance 
with  the  provisions  of  its  by-laws,  is  valid  and  binding  as  fully  and  effectually  for 
all  purposes  as  if  made  upon  the  books  of  such  corporation  at  its  principal  office 
within  this  state.  The  agencies  must  be  governed  by  the  by-laws  and  the  directors 
of  the  corporation. 

§  587.  All  stock  of  any  such  corporation,  issued  at  a  transfer  agency,  must  be 
signed  by  the  president  and  secretary  of  the  corporation,  and  countersigned  at  the 
time  of  its  issue  by  the  agent  having  charge  of  the  transfer  agency.  No  stock  must 
be  issued  at  a  transfer  agency  unless  the  certificate  of  stock,  in  lieu  of  which  the 
same  is  issued,  is  at  the  time  surrendered  for  cancellation. 

§  .5S7r/.  It  is  lawful  for  two  or  more  corporations  formed,  or  that  may  hereafter 
be  formed,  under  the  laws  of  this  state,  for  mining  purposes,  which  own  or  possess 
mining  claims  or  lands  adjoining  each  other,  or  lying  in  the  same  vicinity,  to  con- 
solidate their  capital  stock,  debts,  property,  assets  and  franchises,  in  such  manner 
and  upon  such  terms  as  may  be  agreed  upon  by  the  respective  boards  of  directors 
or  trustees  of  such  corporations  so  desiring  to  consolidate  their  interests  ;  but  no 
such  consolidation  must  take  place  without  the  written  consent  of  the  stockholders 
representing  two-thirds  of  the  capital  stock  of  each  corporation,  and  no  such  consoli- 
dation can.  in  any  way,  relieve  such  corporations,  or  the  stockholders  thereof,  from 
any  and  all  just  liabilities ;  and  in  case  of  such  consolidation,  due  notice  of  the  same 
must  be  given,  by  advertising,  for  one  month,  in  at  least  one  newspaper  in  the 
county  where  the  said  mining  property  is  situated,  if  there  is  one  published  therein, 
and  also  in  one  newspaper  published  in  the  county  where  the  principal  place  of 
I)usiness  of  any  of  said  corporation  is.  And  when  the  consolidation  is  completed, 
a  certificate  thei'eof,  containing  the  manner  and  terms  of  such  conselidation,  must 
be  filed  in  the  office  of  the  county  clerk  of  the  county  in  which  the  original  certificate 
of  incorporation  of  each  of  said  corporations  is  filed,  and  a  copy  thereof  must  be 
filed  in  the  office  of  the  secretary  of  state  ;  such  certificate  must  be  signed  by  a 
majority  of  each  board  of  trustees  or  directors  of  the  original  corporations,  and 
it  is  their  duty  to  call,  within  thirty  days  after  the  filing  of  such  certificate,  a 
meeting  of  the  stockholders  of  all  of  said  corporations  so  consolidated,  to  elect  a 
hoard  of  trustees  or  directors  for  the  consolidated  corporation,  for  the  year  thence 


MIXING    LAWS.  45 

next  ensuing;  and  to  cause  notice  of  the  time  and  place  fixed  for  such  meeting  to  be 
mailed  to  each  stockholder  of  each  of  such  corporations  at  his  last  known  place 
of  residence  or  business  at  least  ten  days  before  the  time  fixed  for  such  meeting. 
The  said  certificate  must  also  contain  all  the  requirements  prescribed  by  section  two 
hundred  and  ninety. 

§  .")S'>.  It  is  the  duty  of  the  secretary  of  every  corporation  formed  for  the  purpose 
of  mining,  or  conducting  mining  in  California,  whether  such  corporation  be  formed 
and  organized  under  the  laws  of  the  state  of  California  or  of  any  other  state, 
territory,  or  foreign  country,  to  keep  at  some  place  within  the  state  of  California 
an  office  and  in  such  office  to  keep  a  complete  set  of  books  showing  all  receipts  and 
expenditures  of  such  corporation,  the  sources  of  such  receipts,  and  the  objects  of 
such  expenditures,  and  also  all  transfers  of  stock.  All  books  and  papers  must,  at 
all  times  during  business  hours,  be  open  to  the  inspection  of  any  stockholder.  He 
is  entitled  to  be  accompanied  by  an  expert,  and  to  make  copies  or  extracts  from 
any  such  books  or  papers.  He  may,  at  reasonable  hours,  examine  such  mining 
property,  accompanied  by  an  expert,  take  samples,  and  make  such  other  examination 
as  he  may  deem  necessary.  It  is  the  duty  of  the  directors,  on  the  second  Monday 
of  each  and  every  month,  to  cause  to  be  made  an  itemized  account  or  balance  sheet 
for  the  previous  month,  embracing  a  full  and  complete  statement  of  all  disburse- 
ments and  receipts,  showing  from  what  sources  such  receipts  were  derived,  and  to 
whom  and  for  what  object  or  purpose  such  disbursements  or  payments  were  made : 
also  all  indebtedness  or  liabilities  incurred  or  existing  at  the  time,  and  for  what 
the  same  were  incurred,  and  the  balance  of  money,  if  any,  on  hand.  Such  account 
or  balance  sheet  must  be  verified  under  oath  by  the  president  and  secretary,  and 
posted  in  some  conspicuous  place  in  the  office  of  the  company.  It  is  the  duty  of 
the  superintendent,  on  the  first  Monday  of  each  month,  to  file  with  the  secretary 
an  itemized  account,  verified  under  oath,  showing  all  receipts  and  disbursements 
made  by  him  for  the  previous  month,  and  for  what  said  disbursements  were  made. 
Such  account  must  also  contain  a  verified  statement  showing  the  number  of  men 
employed  under  him,  and  for  what  purpose,  and  the  rate  of  wages  paid  to  each. 
He  must  attach  to  such  account  a  full  and  complete  report,  under  oath,  of  the 
work  done  in  said  mine,  the  amount  of  ore  extracted,  from  what  part  of  mine  taken, 
the  amount  sent  to  mill  for  reduction,  its  assay  value,  the  amount  of  bullion  received, 
the  amount  of  bullion  shipped  to  the  office  of  the  company  or  elsewhere,  and  the 
amount,  if  any.  retained  by  the  superintendent.  It  is  his  duty  to  forward  to  tho 
office  of  the  company  a  full  report,  under  oath,  of  all  discoveries  of  ores  or  mineral- 
bearing  quartz  made  in  said  mine,  whether  by  boring,  drifting,  sinking,  or  otherwise, 
together  with  the  assay  value  thereof.  All  accounts,  reports,  and  correspondence 
from  the  superintendent  must  be  kept  in  some  conspicuous  place  in  the  office  of 
said  company,  open  to  the  inspection  of  all  stockholders. 

§  ."SD.  Any  stockholder  of  a  corporation  formed  under  the  laws  of  this  state  for 
the  purpose  of  mining,  is  entitled  to  visit,  accompanied  by  his  expert,  and  examine 
the  mine  or  mines  owned  by  such  corporation,  and  every  part  thereof,  at  any  time 
he  may  see  fit;  and  when  such  stockholder  applies  to  the  president  of  such  coi^po- 
ration,  he  must  immediately  cause  the  secretary  thereof  to  issue  and  deliver  to  such 
applicant  an  order,  under  the  seal  of  the  corporation,  directed  to  the  superintendent, 
commanding  him  to  show  and  exhibit  such  parts  of  said  mine  or  mines  as  the  party 
named  in  said  order  may  desire  to  visit  and  examine.  It  is  the  duty  of  the  super- 
intendent, on  receiving  such  order,  to  furnish  such  stockholder  every  facility  for 
making  a  full  and  complete  inspection  of  said  mine  or  mines,  and  of  the  workings 
therein,  and  to  accompany  said  stockholder  either  in  person,  or  to  furnish  some 
person  familiar  with  said  mine  or  mines  to  accompany  him  in  his  visit  to  and 
through  such  mine  or  mines,  and  every  part  thereof.  If  the  superintendent  fails  to 
obey  such  order,  such  stockholder  is  entitled  to  recover,  in  any  court  of  competent 
jurisdiction,  against  the  corporation,  the  sum  of  one  thousand  dollars,  and  traveling 
expenses  to  and  from  the  mine,  as  liquidated  damages,  together  with  costs  of  suit. 
In  case  of  such  refusal,  it  is  the  duty  of  the  directors  of  the  corporation  forthwith 
to  remove  the  officer  so  refusing,  and  thereafter  he  must  not  be  employed  directly 
or  indirectly  by  the  corporation,  nor  must  any  salary  be  paid  to  him. 


46  CAI-llOKXtA    STAi'K    .MlXIXCi    lil'RKAI*. 

§  590.  In  case  of  the  refusal  or  ueglect  of  the  president  to  cause  to  be  issued 
by  the  secretary  the  order  mentioned  in  section  five  hundred  and  eighty-nine,  such 
stockholder  is  entitled  to  recover  against  said  president  the  sum  of  one  thousand 
dollars  and  costs,  as  provided  in  the  last  section.  If  the  directors  fail  to  have  the 
reports  and  accounts  current  made  and  posted  as  provided  in  section  five  hundred 
and  eighty-eight,  they  are  liable,  either  severally  or  jointly,  to  an  action  by  any 
stockholder  complaining  thereof,  and  on  proof  of  such  refusal  or  failure,  he  may 
recover  judgment  for  actual  damages  sustained  by  him,  with  costs  of  suit.  Each 
of  such  defaulting  directors  is  also  liable  to  removal  for  such  neglect. 

CORPORATION  LICENSE  TAX  LAW. 

Chapter  190. 

An  act  prescribing  terms  and  conditions  upon  which  corporations  may  transact  busi- 
ness in  this  state  and  providing  penalties  and  forfeitures  for  noncompliance. 

[Approved   May    10,    1915.] 

The  people  of  the  state  of  California  do  enact  as  foUoics: 

Section  1.  Every  corporation  organized  under  the  laws  of  another  state,  terri- 
tory, or  of  a  foreign  country,  which  is  now  doing  business  in  this  state  or  main- 
taining an  office  herein,  and  which  has  not  filed  with  the  secretary  of  state  prior  to 
the  day  on  which  this  act  takes  effect  the  document  or  documents  required  by 
section  four  hundred  and  eight  of  the  Civil  Code,  or  which  shall  hereafter  do 
business  in  this  state  or  maintain  an  office  herein,  or  which  shall  enter  this  state 
for  the  purpose  of  doing  business  herein,  must  file  in  the  office  of  the  secretary 
of  state  of  the  state  of  California  a  certified  copy  of  its  articles  of  incorporation, 
or  of  its  charter,  or  of  the  statute  or  statutes,  or  legislative,  or  executive,  or  govern- 
mental act  or  acts  creating  it,  in  cases  where  it  has  been  created  by  charter,  or 
statute,  or  legislative,  or  executive,  or  governmental  act,  duly  certified  by  the  secre- 
tary of  state  or  other  officer  authorized  by  the  law  of  the  jurisdiction  under  which 
such  corporation  is  formed  to  certify  such  copy,  and  must  also  file  a  certified  copy 
thereof,  duly  certified  by  the  secretary  of  state  of  this  state  in  the  office  of  the 
county  clerk  of  the  county  where  its  principal  place  of  bi;siness  in  this  state  is 
located,  and  also  where  such  corporation  owns  any  property,  and  every  such  corpora- 
tion shall  pay  to  the  secretary  of  state  for  filing  in  his  office  such  certified  copy 
of  its  articles  of  incorporation,  or  of  its  charter,  or  of  the  statute  or  statutes,  or 
legislative,  or  executive,  or  governmental  act  or  acts  creating  it.  a  fee  of  seventy- 
five  dollai-s,  which  fee  shall  be  in  lieu  of  the  filing  fee  provided  for  in  section  four 
hundred  and  nine  of  the  Political  Code;  provided,  that  foreign  corporations  organ- 
ized for  educational,  religious,  scientific  or  charitable  purposes  and  having  no  capital 
stock,  shall  pay  a  fee  of  five  dollars  for  filing  the  document  or  documents  hereinabove 
required. 

Foreign  corporations  having  a  capital  stock  shall  also  file  with  the  secretary  of 
state  copies  of  an^-  documents  showing  an  increase  or -decrease  in  their  authorized 
capital  stock,  which  documents  shall  be  certified  in  the  manner  hereinabove  required, 
but  no  fee  shall  be  paid  for  such  filing.  It  is  hereby  provided  that  every  foreign 
corporation  subject  to  the  tax  herein  provided  shall  file  with  the  secretary  of  state, 
at  the  time  it  tenders  payment  of  said  tax  and  any  penalty  which  has  accrued, 
an  affidavit  sworn  to  by  its  president  or  secretary,  showing  the  amount  of  its 
authorized  capital  stock  on  the  first  day  of  January  of  the  year  in  which  said  pay- 
ment is  made,  and  in  the  event  that  such  authorized  capital  stock,  as  shown  by 
such  affidavit,  differs  from  the  amount  of  such  capital  stock  as  appears  from  the 
records  of  the  secretary  of  state,  then  the  tax  herein  provided  shall  be  measured  by 
the  amount  shown  in  such  affidavit,  but  in  such  event  the  license  herein  required 
shall  not  be  issued  nor  shall  the  amount  so  tendered  be  accepted  until  copies  of  any 
documents  relating  to  such  change  in  authorized  capital  stock,  certified  as  required 
by  this  section,  shall  have  been  filed  with  the  secretary  of  state.  If  such  corpora- 
tion shall  neglect  to  file  such  copy  or  copies  before  the  hour  of  six  o'clock  p.m. 
of  the  first  Monday  of  February  of  the  year  for  which  the  license  must  be  procured, 


MINING    LAWS.  47 

it  shall  suffer  the  penalty  for  the  delinquency  herein  provided  and  if  it  shall  ne^^lect 
to  make  such  filing  before  the  hour  of  six  o'clock  p.m.  of  the  Saturday  preceding 
the  first  Monday  in  March  of  such  year,  it  shall  suffer  the  forfeiture  provided  in 
section  seven  of  this  act ;  provided,  however,  that  any  foreign  corporation  which,  prior 
to  the  eighth  day  of  March,  nineteen  hundred  and  one.  shall  have  complied  with  the 
provisions  of  the  act  entitled,  "An  act  to  amend  'An  act  in  relation  to  foreign 
corporations,'  approved  April  first,  eighteen  hundred  and  seventy-two,"  approved 
March  seventeenth,  eighteen  hundred  and  ninety-nine,  shall,  in  lieu  of  the  provisions 
of  this  section  above  set  forth,  file  the  affidavit  herein  required  and  the  license  tax 
due  from  such  corporation  shall  be  measured  by  the  authorized  capital  stock,  as 
shown  thereby. 

Sec.  2.  Upon  filing  in  the  office  of  the  secretary  of  state  the  certified  copy  of 
articles  of  incorporation  of  corporations  organized  under  the  laws  of  this  state, 
there  shall  be  paid  to  the  secretary  of  state  the  fees  prescribed  therefor  by  section 
four  hundred  and  nine  of  the  Political  Code. 

Sec.  3.  No  corporation  heretofore  or  hereafter  incorporated  under  the  laws  of 
this  state,  or  of  any  other  state,  territory,  or  foreign  countrj',  shall  do  or  attempt  to 
do  any  intrastate  business  within  this  state  by  virtue  of  its  charter,  or  certificate 
of  incorporation,  without  a  state  license  therefor. 

Sec.  4.  It  shall  be  the  duty  of  every  corporation  incorporated  under  the  laws  of 
this  state,  and  of  every  corporation  incorporated  under  the  laws  of  any  other  state, 
territory,  or  foreign  country,  now  doing  intrastate  business  within  this  state,  or 
which  shall  hereafter  engage  in  intrastate  business  in  this  state,  to  procure  annually 
from  the  secretary  of  state  a  license  authorizing  the  transaction  of  such  business  in 
this  state,  and  to  pay  therefor  the  license  tax  prescribed  herein. 

For  the  purpose  of  measuring  said  tax  the  secretary  of  state  shall  examine  all 
articles  of  incorporation  and  all  documents  on  file  in  his  office  relating  to  an  increase 
or  decrease  in  the  authorized  capital  stock  of  corporations  which  are  subject  to  said 
tax,  and  determine  the  amount  due  from  each  corporation  by  the  following  rule : 

When  the  authorized  capital  stock  of  the  corporation  does  not  exceed  ten  thousand 
dollars  ($10,000.00)  the  tax  shall  be  ten  dollars  ($10.00)  ;  when  the  authorized 
capital  stock  exceeds  ten  thousand  dollars  ($10,000.00)  but  does  not  exceed  twenty 
thousand  dollars  ($20,000.00)  the  tax  shall  be  fifteen  dollars  ($15.00)  ;  when  the 
authorized  capital  stock  exceeds  twenty  thousand  dollars  ($20,000.00)  but  does 
not  exceed  fifty  thousand  dollars  ($50,000.00)  the  tax  shall  be  twenty '  dollars 
($20.00)  ;  when  the  authorized  capital  stock  exceeds  fifty  thousand  dollars 
($50,000.00)  but  does  not  exceed  one  hundred  thousand  dollars  ($100,000.00) 
the  tax  shall  be  twenty-five  dollars  ($25.00)  ;  when  the  authorized  capital  stock 
exceeds  one  hundred  thousand  dollars  ($100,000.00)  but  does  not  exceed  two 
hundred  and  fifty  thousand  dollars  ($250,000.00)  the  tax  shall  be  fifty  dollars 
($50.00)  ;  when  the  authorized  capital  stock  exceeds  two  hundred  and  fifty 
thousand  dollars  ($250,000.00).  but  does  not  exceed  five  hundred  thousand 
dollars  ($500,000.00)  the  tax  shall  be  seventy-five  dollars  ($75.00)  ;  when  the 
authorized  capital  stock  exceeds  five  hundred  thousand  dollars  ($500,000.00)  but 
does  not  exceed  one  million  dollars  ($1,000,000.00)  the  tax  shall  be  one  hundred 
dollars  ($100.00)  ;  when  the  authorized  capital  stock  exceeds  one  million  dollars 
($1,000,000.00)  but  does  not  exceed  three  million  dollars  ($3,000,000.00)  the  tax 
shall  be  two  hundred  dollars  ($200.00)  ;  when  the  authorized  capital  stock  exceeds 
three  million  dollars  ($3,000,000.00)  but  does  not  exceed  five  million  dollars 
($.5,000,000.00)  the  tax  shall  be  three  hundred  and  fifty  dollars  ($350.00)  ;  when 
the  authorized  capital  stock  exceeds  five  million  dollars  (.$.5,000,000.00)  but  does 
not  exceed  seven  million  five  hundred  thousand  dollars  ($7,.500,000.00)  the  tax  shall 
be  five  hundred  fifty  dollars  ($5.50.00)  ;  when  the  authorized  capital  stock  exceeds 
seven  million  five  hundred  thousand  dollars  ($7,.500.000.00)  but  does  not  exceed 
ten  million  dollars  ($10,000,000.00)  the  tax  shall  be  eight  hundred  dollars  (.$S00.00)  ; 
when  the  authorized  capital  stock  exceeds  ten  million  dollars  ($10,000,000.00)  the 
tax  shall  be  one  thousand  dollars  ($1,000.00).  All  corporations  having  no  capital 
stock,  but  organized  for  profit,  shall   pay  an  annual   tax  of  ten  dollars    ($10.(X)). 


4s  CAl.ll-OltNlA    S'l'A'l'l':    .MIXrXCi     IJIREAT'. 

Said  license  tax  shall  be  due  and  payable  to  the  secretary  of  state  ou  the  first  day 
of  January  of  each  and  every  year.  Such  license  tax  shall  be  paid  on  or  before  the 
hour  of  six  o'clock  p.m.  of  the  first  Monday  of  February  of  each  year  and  if  not 
so  paid  shall  at  said  hour  become  delinquent  and  there  shall  thereupon  be  added 
thereto  as  a  penalty  for  such  delinquency  the  sum  of  ten  dollars  ($10.00). 

Sec.  5.  The  license  hereby  provided  authorizes  the  corporation  holding  the  same 
to  transact  intrastate  business  in  this  state  durinjr  the  year  or  any  fractional  part 
of  such  year  for  which  such  license  is  issued.  "Year,"  within  the  meaning  of  this 
act,  means  from  and  including  the  first  day  of  January  to  and  including  the 
thirty-first  day  of  December  next  thereafter. 

Sec.  6.  At  the  time  of  filing  any  certified  copy  of  articles  of  incorporation,  or 
charter,  or  statute  or  statutes,  or  legislative,  or  executive  or  governmental  act  or  ads 
creating  a  corporation,  when  filed  between  the  first  day  of  January  and  the  thirty- 
first  day  of  December,  inclusive,  in  any  year,  there  shall  be  paid  to  the  secretary  of 
state,  in  addition  to  all  other  fees  required  by  law,  that  proportion  of  the  license 
tax  specified  in  section  four  of  this  act  which  the  unexpired  number  of  months  of 
such  year  bears  to  the  entire  year  including  the  month  in  which  such  filing  occurs, 
and  thereupon  the  secretary  of  state  shall  issue  a  license  for  such  fractional  part 
of  the  then  current  year. 

Sec.  7.  At  the  hour  of  six  o'clock  p.m.  of  the  Saturday  preceding  the  first 
Monday  in  March  of  each  year  the  charters  of  all  corporations  organized  under  the 
laws  of  this  state  and  which  have  failed  to  pay  the  license  tax  and  penalty  pre- 
scribed by  section  four  of  this  act  shall  be  forfeited  to  the  state  of  California,  and 
the  right  of  all  foreign  corporations  to  do  intrastate  business  in  this  state,  which 
have  failed  to  pay  said  license  tax  and  penalties  shall  be  likewise  forfeited. 

Sec.  8.  Educational,  religious,  scientific  and  charitable  corporations,  corporations 
which  are  not  organized  for  profit,  and  corporations  doing  solely  an  interstate 
business  and  those  corpoi'ations  enumerated  in  subdivisions  (a),  {h)  and  (c)  of 
section  fourteen  of  article  XIII  of  the  constitution  are  exempt  from  the  payment  of 
the  tax  provided  by  this  act. 

Sec.  9.  Any  corporation  claiming  exemption  from  the  payment  of  said  annual 
license  tax  must  file  with  the  secretary  of  state  at  least  sixty  days  before  such  tax 
becomes  due  and  payable  a  written  protest  in  which  it  shall  set  forth  ail  facts 
and  reasons  upon  which  such  exemption  claim  is  made,  sworn  to  by  the  president 
and  secretary  or  general  manager  of  such  corporation.  Failure  to  protest  in  the 
manner  and  within  the  time  herein  prescribed  shall  constitute  a  waiver  of  all  rights 
of  exemption  from  said  tax.  Such  corporation  shall  furnish  under  oath  such  other 
proof  as  the  secretary  of  state  may  require  or  demand.  All  evidence  and  proofs 
submitted  upon  such  claim  of  exemption  shall  be  submitted  by  the  secretary  of 
state  to  the  board  of  control  and  state  controller,  and  said  officers  shall  thereupon 
determine  the  question  of  such  corporation's  claim  of  exemption.  The  determina- 
tion of  said  officers  upon  all  questions  of  fact  shall  be  final  and  conclusive;  provided, 
hoicevcr,  that  at  the  time  of  filing  a  certified  copy  of  the  articles  of  incorporation 
of  any  domestic  corporation  in  the  office  of  the  secretary  of  state,  and  at  the  time  a 
foreign  corporation  files  with  the  secretary  of  state  the  document  or  documents 
required  by  section  one  of  this  act,  the  secretary  of  state  shall  determine  whether  such 
corporation  is  exempt  as  an  educational,  religious,  scientific,  or  charitable  corporarion 
or  as  a  non-profit  corporation  or  as  one  of  the  corporations  enumerated  in  sub- 
divisions  (a),   (b)   and   (c)   of  section  fourteen  of  article  XIII  of  the  constitution. 

Sec.  10.  If  the  license  tax  and  penalties  for  delinquency  required  to  be  paid  by 
section  four  of  this  act  are  not  paid  within  the  time  herein  required,  the  secretary 
of  state  shall  on  the  Saturday  preceding  the  first  Monday  in  March,  and  at  six 
o'clock  p.m.  of  said  day,  enter  upon  the  record  of  corporations  in  his  office  against 
the  name  of  any  company  so  failing  to  pay  said  license  tax  and  penalty  the  words 
"charter  forfeited  to  the  state,"  if  the  corporation  be  a  domestic  corporation,  and 
thereupon  said  charter  shall  be  ipso  facto  so  forfeited,  and  the  words  "right  to  do 
intrastate  business  forfeited"  if  the  corporation  be  a  foreign  corporation,  and  there- 
upon said  right  to  do  intrastate  business  in  this  state  shall  be  ipso  facto  so  forfeited. 

Sec.  11.     On  or  before  the  first  Monday  of  April  of  each  year  the  secretary  of 


MINING    LAWS.  49 

state  shall  make  a  list  of  all  domestic  corporations  whose  charters  have  been  so 
forfeited,  and  of  all  foreign  corporations  whose  right  to  do  intrastate  business  in 
this  state  has  been  so  forfeited  or  which  have  surrendered  tholr  right  to  do  intrastate 
business  in  this  state  as  provided  in  section  fifteen  of  this  act,  and  shall  transmit  a 
certified  copy  thereof  to  each  county  clerk  in  this  state,  who  shall  file  the  same 
in  his  office. 

Sec.  12.  It  shall  be  unlawful  for  any  corporation,  either  domestic  or  foreign, 
which  has  not  paid  the  license  tax,  as  in  this  act  prescribed,  to  exercise  the  powers 
of  such  corporation,  or  to  transact  any  intrastate  business  in  this  state,  after  six 
o'clock  p.m.  of  the  Saturday  preceding  the  first  Monday  in  March  next  following 
the  delinquency.  Each  and  every  person  who  exercises  any  of  the  powers  of  a 
corporation  which  has  forfeited  its  charter  or  right  to  do  intrastate  business  in 
this  state,  or  who  transacts  any  business  for  or  in  behalf  of  such  corporation,  afler 
such  forfeiture,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  and  not  exceeding  one 
thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  fifty  days  or 
more  than  five  hundred  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  13.  In  all  cases  of  forfeiture  under  the  provisions  of  this  act,  the  directors 
or  managers  in  office  of  the  affairs  of  any  domestic  corporation,  whose  charter  may 
be  so  forfeited,  or  of  any  foreign  corporation  whose  right  to  do  business  in  this  state 
may  be  so  forfeited,  are  deemed  to  be  trustees  of  the  corporation  and  stockholders 
or  members  of  the  corporation  whose  power  or  right  to  do  business  is  forfeited  and 
have  full  power  to  settle  the  affairs  of  the  corporation  and  to  maintain  or  defend 
any  action  or  proceeding  then  pending  in  behalf  of  or  against  any  of  said  corpora- 
tions, or  to  take  such  legal  proceedings  as  may  be  necessary  to  fully  settle  the  affairs 
of  said  corporation,  and  such  directors  or  managers,  as  such  trustees,  may  be  sued 
in  any  of  the  courts  of  this  state  by  any  person  having  a  claim  against  any  of  said 
corporations;  provided,  always,  that  no  action  pending  against  any  corporation  shall 
abate  thereby,  but  may  be  prosecuted  to  final  judgment  and  may  be  enforced  by 
execution  with  the  same  force  and  effect  and  in  like  manner  as  though  no  forfeiture 
had  occurred ;  and  provided,  further,  that  where  judgment  has  been  entered  against 
any  corporation  prior  to  forfeiture  under  this  act,  that  notwithstanding,  execution 
may  be  issued  thereon  and  the  property  of  said  corporation,  or  that  may  come  into 
the  hands  of  any  trustees  for  it  may  be  levied  upon,  seized  and  sold  to  satisfy  the 
same  with  like  force  and  effect  as  though  such  forfeiture  had  not  occurred. 

Sec.  14.  Any  domestic  coi'poration  which  suffers  the  forfeiture  prescribed  by 
this  act,  may  pay  to  the  secretary  of  state  all  taxes  and  penalties  which  shall  have 
accrued  prior  to  such  forfeiture,  and  all  taxes  and  penalties  which  would  have 
accrued  if  such  forfeiture  had  not  occurred  ;  and  shall  file  an  application  with  the 
secretary  of  state  for  the  restoration  of  its  charter,  which  application  must  set 
forth  the  names  of  the  persons  who  became  trustees  upon  such  forfeiture,  under  the 
provisions  of  section  thirteen  of  this  act,  and  shall  be  signed  by  all  of  said  persons 
then  surviving,  and  acknowledged  by  each  of  said  persons  before  an  officer  authorized 
by  the  laws  of  this  state  to  take  acknowledgments  of  conveyances  of  real  property; 
whereupon  such  corporation  shall  be  restored  to  its  former  corporate  status  and  the 
secretary  of  state  shall  issue  to  such  corporation  a  license  entitling  it  to  transact 
intrastate  business  in  this  state  during  the  year  in  which  sut-b  license  is  issued: 
jirovidcd,  hoiicver,  that  no  corporation  orgnnized  undi  r  the  laws  of  this  state  which 
suffers  such  forfeiture  shall  be  relieved  from  the  effect  thereof,  nor  siiill  sudi 
license  be  issued,  in  the  event  that  subseiiuent  to  the  date  of  forfeiture  its  corporals 
name,  or  a  name  so  closely  resembling  said  name  as  will  tend  to  deceive,  has  been 
adopted  and  is  in  u.se  by  another  domestic  corporation. 

Any  foreign  corporation  which  suffers  a  forfeiture  of  its  right  to  do  intrastnie 
business  in  this  state,  may  pay  to  the  secretary  of  state  all  taxes  and  penalties  which 
shall  have  accrued  prior  to  such  forfeiture,  and  all  taxes  and  penalties  which  would 
have  accrued  if  such  forfeiture  had  not  occurred,  and  shall  file  with  the  secretary  of 
state   its  application   for  a   restoration   of   its   right    to   do   intrastate   business,   and 


50  CALIFOHXrA    STATE    MTNIXG    BUREATT. 

ooi)i('s  of  any  documcuts  increasing  or  decreasing  its  capital  stock,  certified  as  here- 
inbefore provided,  togetlier  witli  an  affidavit  by  its  president  or  secretary,  setting 
forth  the  amount  of  its  authorized  capital  stock  on  the  first  day  of  January  of  the 
year  in  which  said  application  is  presented,  and  the  taxes  which  would  have  accrued 
after  the  date  of  such  forfeiture  shall  be  measured  by  the  authorized  capita)  stock,  as 
shown  by  such  copies  and  affidavits ;  whereupon  such  corporation  shall  be  restored 
to  its  former  corporate  status  and  the  secretary  of  state  shall  issue  to  such  corpora- 
tion a  license  entitling  it  to  do  intrastate  business  in  this  state  during  the  year  in 
which  such  license  is  issued. 

Any  domestic  corporation  which  has  heretofore  suffered  a  forfeiture  of  its  charter 
under  the  provisions  of  an  act  entitled  "An  act  relating  to  revenue  and  taxation, 
providing  for  a  license  tax  upon  corporations  and  making  an  appropriation  for  the 
purpose  of  carrying  out  the  objects  of  this  act,"'  approved  March  20.  idO~).  or  under 
the  provisions  of  any  act  amendatory  thereof,  may  be  restored  to  its  former  cor- 
porate status,  subject  to  and  upon  complying  with  the  conditions  hereinabove 
provided  for  the  reinstatement  of  domestic  corporations  which  suffer  the  forfeiture 
prescribed  by  this  act,  and  in  addition  thereto,  upon  payment  of  the  taxes  and 
penalties  which  would  have  accrued  under  said  act  of  1905.  or  any  of  the  acts 
amendatory  thereof,  if  such  forfeiture  had  not  occurred. 

Any  foreign  corporation  which  has  suffered  a  forfeiture  of  its  right  to  do  business 
in  this  state  under  the  provisions  of  said  act  of  1005,  or  any  act  amendatory  thereof, 
may  be  relieved  from  the  effect  thereof  and  resume  an  intrastate  business  in  this 
state  upon  filing  with  the  secretary  of  state  an  affidavit  by  its  president  or  secretary, 
setting  forth  the  amount  of  its  capital  stock  at  time  of  taking  effect  of  this  act,  and 
stating  any  subsequent  changes  in  said  authorized  capital  stock,  and  the  dates  on 
which  such  changes  became  effective,  and  shall  pay  to  the  secretary  of  state  all  taxes 
and  penalties  which  would  have  accrued  under  said  act  of  1905,  or  under  any  of  the 
acts  amendatory  thereof  if  such  forfeiture  had  not  occurred,  and  the  taxes  and 
penalties  which  would  have  accrued  under  the  provisions  of  this  act ;  whereupon 
such  corporation  shall  be  restored  to  its  former  corporate  status  and  the  secretary 
of  state  shall  issue  to  such  corporation  a  license  entitling  it  to  do  intrastate  busi- 
ness in  this  state  during  the  year  for  which  the  license  is  issued.  And  the  secretary 
of  state  shall,  on  or  before  the  first  Monday  of  April  of  each  year,  make  a  list  of 
the  corporations,  both  foreign  and  domestic,  so  paying,  and  of  the  foreign  corporations 
which  have  resumed  the  transaction  of  intrastate  busmess  in  this  state,  as  provided 
in  section  fifteen  of  this  act,  and  shall  transmit  a  certified  copy  of  said  list  to  each 
county  clerk  in  this  state,  who  shall  file  the  same  in  his  office;  provided,  the 
rehabilitation  of  any  such  corporation  by  reason  of  making  such  payments  shall  be 
without  prejudice  to  any  action,  defense,  or  right  which  accrued  by  reason  of  the 
original  forfeiture. 

Sec.  15.  Any  foreign  corporation  may  surrender  its  right  to  engage  in  intra- 
state business  in  this  state  by  filing  a  stipulation  with  the  secretary  of  state,  in 
which  it  shall  agree  that  it  will  not  transact  such  business  at  any  time  thereafter 
without  first  obtaining  from  the  secretary  of  state  a  license  authorizing  the  resump- 
tion of  such  business,  as  hereinafter  provided.  Upon  the  filing  of  such  stipulation 
and  upon  the  payment  of  any  tax  or  penalty  then  due.  said  corpoi'ation  shall  be 
exempt  from  the  payment  of  the  tax  provided  in  this  act.  It  shall  be  unlawful  for 
any  such  corporation  to  exercise  its  corporate  powers  in  transacting  any  intrastate 
business  in  this  state  after  the  filing  of  such  stipulation.  Each  and  every  person 
who  exercises  any  of  the  powers  of  such  corporation  in  the  transaction  of  intrastate 
business  or  who  transacts  any  intrastate  business  for  or  in  behalf  of  such  corporation 
after  such  filing  shall  be  subject  to  penalties  prescribed  by  section  twelve  of  this  act. 

Any  such  corporation  may  resume  the  transaction  of  intrastate  business  in  this 
state  at  any  time  thereafter  upon  filing  its  application  for  a  license  therefor  with 
the  secretary  of  state  and  an  affidavit  by  its  president  or  secretary  setting  forth  the 
amount  of  its  authorized  capital  stock,  and  copies  of  any  documents  increasing  or 
diminishing  such  capital  stock,  which  copies  shall  be  certified  as  herein  provided, 
and  upon  paying  a  tax  for  the  unexpired  portion  of  the  year  which  shall  be  measured 


MININf;    LAWS.  51 

l>y  its  nuthorized  capital  stock  and  which  shall  be  that  portion  of  the  liceuse  tax 
specified  in  section  four  of  this  act  which  the  unexpired  number  of  months  of  such 
year,  including  the  month  in  which  such  license  is  issued,  bears  to  the  entire  year. 

Sec.  IC.  Any  false  statement  contained  in  any  of  the  afiidavits  herein  required 
shall  constitute  perjury,  and  shall  be  punishable  as  such. 

Sec.  17.  All  moneys  herein  required  to  be  paid  shall,  upon  collection  by  the 
secretary  of  state,  be  immediately  paid  by  him  into  the  state  treasury. 

Sec.  18.  Nothing  in  this  act  shall  be  construed  as  affecting  or  repealing  any 
statute  of  this  state  respecting  the  assessment  of  franchises  and  levying  of  taxes 
thereon. 

Sec.  19.  The  provisions  of  this  act  in  so  far  as  they  relate  to  the  payment  of 
the  license  tax  provided  for  in  section  four  of  this  act  shall  take  effect  on  the  first 
day  of  January,  1916,  and  as  to  all  other  provisions  this  act  shall  take  effect  ninety 
days  after  final  adjournment  of  the  forty-first  session  of  the  legislature. 

PROTECTION  OF  STOCKHOLDERS. 

An  act  to  amend  an  act  entitled  "An  act  to  protect  stockholders  and  persons  dealing 
with  corporations  In  this  state,"  approved  March  29,  1878,  and  all  acts  amendatory 
thereof,  and  to  repeal  all  laws  in  conflict  therewith. 

[Approved  March  22,  1905.] 

The    people  of    the    state    of    California,    represented    in    senate    and    assemhhj,    do 

enact   as   follows: 

Section  1.  Any  superintendent,  director,  secretary,  manager,  agent,  or  other 
oflBcer,  of  any  corporation  formed  or  existing  under  the  law?  of  this  state,  or  trans- 
acting business  in  the  same,  and  any  person  pretending  or  holding  himself  out  as 
such  superintendent,  director,  secretary,  manager,  agent,  or  other  officer,  who  shall 
wilfully  subscribe,  sign,  endorse,  verify,  or  otherwise  assent  to  the  publication,  either 
generally  or  privately,  to  the  stockholders  or  other  persons  dealing  with  such  corpora- 
tion, or  its  stock,  any  untrue  or  wilfully  and  fraudulently  exaggerated  report, 
prospectus,  account,  statement  of  operations,  values,  business,  profits,  expenditures 
or  prospects,  or  other  paper  or  document  intended  to  produce  or  give,  or  having 
a  tendency  to  produce  or  give,  to  the  shares  of  stock  in  such  corporation  a  greater 
value  or  less  apparent  or  market  value  than  they  really  possess,  or  with  the  intention 
of  defrauding  any  particular  person  or  persons,  or  the  public,  or  persons  generally, 
shall  be  deemed  guilty  of  a  felony,  and  on  conviction  thereof  shall  be  punished  by 
imprisonment  in  state  prison  or  a  county  jail  not  exceeding  two  years,  or  by  fine 
not  exceeding  five  thousand  dollars,  or  by  both. 

Sec.  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

CIVIL  CODE. 

§  309.  The  directors  of  corporations  must  not  make  dividends,  cxoopt  from  the 
surplus  profits  arising  from  the  business  thereof;  nor  must  they  create  any  debts 
beyond  their  subscribed  capital  stock ;  nor  must  they  divide,  withdraw  or  pay  to 
the  stockholders,  or  any  of  them,  any  part  of  the  capital  stock,  except  as  hereinafter 
provided,  nor  reduce  or  increase  the  capital  stock,  except  ns  heroin  siiecially  provided. 
For  a  violation  of  the  provisions  of  this  section,  the  directors  under  whose  adminis- 
tration the  same  may  have  happened  (except  those  who  may  have  caused  their 
dissent  therefrom  to  be  entered  at  large  on  the  minutes  of  the  directors  at  the  time, 
or  were  not  present  when  the  same  did  happen)  ate,  in  their  indixidual  or  privnie 
capacity,  jointly  and  severally  lialile  to  the  corporation,  and  to  the  creditors  thereof, 
to  the  full  amount  of  the  capital  stock  so  divided,  withdrawn,  paid  out.  or  reduced, 
or  debt  contracted;  and  no  statute  of  limitation  is  a  bar  to  any  suit  against  such 
directors  for  any  sums  for  which  they  are  liable  by  this  section  :  provided,  however, 
that  where  a  corporation  has  been  heretofore  or  may  hereafter  be  formed  for  the 
purpose,  among  other  things,  of  acquiring,  holding,  and  selling  real  estate,  water, 
and  water  rights,  the  directors  of  such  corporation  may,  with  the  consent  of  stock- 
holders   representing   two-thirds   of    the   capital    stock    thereof,    given    at   a    meeting 


,yj.  CALIFORXrA    STATK    MIXINC    Bl'RKAr. 

called  for  that  purpose,  divide  among  the  stockholders  the  land,  water  or  water 
rights  so  by  such  corporation  held,  in  the  proportions  to  which  their  holdings  of  such 
stock  at  the  time  of  such  division  entitled  them.  All  conveyances  made  by  the 
corporation  in  pursuance  of  this  section  must  be  made  and  received  subject  to  the 
debts  of  such  corporation  existing  at  the  date  of  the  conveyance  thereof.  Nothing 
herein  prohibits  a  division  and  distribution  of  the  capital  stock  of  any  corporation 
which  remains  after  the  payment  of  all  its  debts,  upon  its  dissolution,  or  the 
expiration  of  its  term  of  existence. 

PENAL  CODE, 
§  5G0.     Every  director  of  any  stock  corporation  who  concurs  in  any   vote  or  act 
of  the  directors  of  such  corporation  or  any  of  them,  by  which  it  is  intended,  either — 

1.  To  make  any  dividend,  except  from  the  surplus  profits  arising  from  the  business 
of  the  corporation,  and  in  the  cases  and  manner  allowed  by  law  ;  or, 

2.  To  provide,  withdraw,  or  in  any  manner,  except  as  provided  by  law,  pay  to 
the  stockholders,  or  any  of  them,  any  part  of  the  capital  stock  of  the  corporation  ;  or, 

3.  To  discount  or  receive  any  note  or  other  evidence  of  debt  in  payment  of  any 
installment  actually  called  in  and  required  to  be  paid,  or  with  the  intent  to  provide 
the  means  of  making  such  payment ;  or, 

4.  To  receive  or  discount  any  note  or  other  evidence  of  debt,  with  the  intent  to 
enable  any  stockholder  to  withdraw  any  part  of  the  money  paid  in  by  him,  or  his 
stock ;  or, 

5.  To  receive  from  any  other  stock  corporation,  in  exchange  for  the  shares,  notes, 
bonds,  or  other  evidences  of  debt  of  their  own  corporation,  shares  of  the  capital 
stock  of  such  other  corporation,  or  notes,  bonds,  or  other  evidences  of  debt  issued  l)y 
such  other  coi-poration ; — is  guilty  of  a  misdemeanor. 

TO  PREVENT  WASTING  OF  NATURAL  GAS. 

An  act  prohibiting  ttie  unnecessary  wasting  of  natural  gas  into  the  atmosphere; 
providing  for  the  capping  or  otherwise  closing  of  wells  from  which  natural  gas 
flows;  and  providing  penalties  for  violating  the  provisions  of  this  act, 

[Approved   March    25,    1911.] 

The    people  of    the    state    of    California,    represented   iti    senate    and    assembly,    do 

enact   as   follows: 

Section  1.  All  persons,  firms,  corporations  and  associations  are  hereby  prohibited 
from  wilfully  permitting  any  natural  gas  wastefully  to  escape  into  the  atmosphere. 

Sec.  2.  All  persons,  firms,  corporations  or  associations  digging,  drilling,  exca- 
vating, constructing  or  owning  or  controlling  any  well  from  which  natural  gas  flows 
shall  upon  the  abandonment  of  such  well,  cap  or  otherwise  close  the  mouth  of  or 
entrance  to  the  same  in  such  a  manner  as  to  prevent  the  unnecessary  or  wasteful 
escape  into  the  atmosphere  of  such  natural  gas.  And  no  person,  firm,  corporation 
or  association  owning  or  controlling  land  in  which  such  well  or  wells  are  situated 
shall  wilfully  permit  natural  gas  flowing  from  such  well  or  wells,  wastefully  or 
unnecessarily  to  escape  into  the  atmosphere. 

Sec.  3.  Any  person,  firm,  corporation  or  association  who  shall  wilfully  violate 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than  one  thousand  dollars 
or  by  imprisonment  in  the  county  jail  for  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment. 

Sec.  4.  For  the  purposes  of  this  act  each  day  during  which  natural  gas  shall 
be  wilfully  allowed  wastefully  or  unnecessarily  to  escai)e  into  the  atmosphere  shall 
be  deemed  a  separate  and  distinct  violation  of  this  act. 

Sec.  5.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

Sec.  6.     This  act  shall  take  effect  immediately. 


MIN1N(?    LAWS.  53 

USE  OF   CALIFORNIA  MATERIALS   IN   CALIFORNIA   PUBLIC 

BUILDINGS. 

Section  3247  of  the  Political  Code. 

"Any  person,  committee,  board,  officer,,  or  any  other  person  charged  with  the  pur- 
chase, or  permitted  or  authorized  to  purchase,  supplies,  goods,  wares,  merchandise, 
manufactures,  or  produce,  for  the  use  of  the  state,  or  any  of  its  institutions  or  offices, 
or  for  the  use  of  any  county  or  consolidated  city  and  county,  or  city,  or  town,  shall 
always,  price,  fitness  and  quality  being  equal,  prefer  such  supplies,  goods,  wares, 
merchandise,  manufactui-es,  or  produce  as  has  been  grown,  manufactured  or  pro- 
duced in  this  state,  and  shall  next  prefer  such  as  have  been  partially  so  manufac- 
tured, grown  or  produced  in  this  state.  All  state,  county,  city  and  county,  city  or 
town  officers,  all  boards,  commissions,  or  other  persons  charged  with  advertising  for 
any  such  supplies,  shall  state  in  their  advertisement  that  such  preferences  will  be 
made.  In  any  such  advertisement  no  bid  shall  be  asked  for  any  article  of  a  specific 
brand  or  mark  nor  any  patent  apparatus  or  appliances,  when  such  requirement  would 
prevent  proper  competition  on  the  part  of  dealers  in  other  articles  of  equal  value, 
utility  or  merit." 

LANDS  UNCOVERED  BY  RECESSION  OF  WATER. 

An   act  to   amend   section   3493m   of  the   Political   Code,   relating  to   land   uncovered   by 
the  recession  or  drainage  of  the  waters  of  inland  lakes. 

[Approved   April    14,   1911.] 

The   people    of    the   staie    of    California,    represented    in    senate    and    assembly,    do 

enact  as  follows: 

Section  1.  Section  3493hi  of  the  Political  Code  is  hereby  amended  to  read  as 
follows : 

Section  S493»i.  Any  person  desiring  to  purchase  any  of  the  lands  now  uncovered 
or  which  may  hereafter  be  uncovered  by  the  recession  or  drainage  of  the  waters  of 
inland  lakes,  and  inuring  to  the  state  by  virtue  of  her  sovereignty,  or  the  s\Aamp 
and  overflowed  lands  not  segregated  by  the  United  States,  must  make  an  application 
therefor  to  the  surveyor  general  of  the  state,  which  application  must  be  accompanied 
by  the  applicant's  affidavit  that  he  is  a  citizen  of  the  United  States,  or  has  dpclared 
his  intention  to  become  such,  a  resident  of  this  state,  of  lawful  age,  that  he  desires 
to  purchase  such  lands  (describing  them  by  legal  subdivisions,  or  by  metes  and 
bounds,  if  the  legal  subdivisions  are  unknown),  under  the  provisions  of  this  article, 
for  his  own  use  and  benefit,  and  for  the  use  and  benefit  of  no  other  person  whomso- 
ever, and  that  he  has  made  no  contract  or  agreement  to  sell  the  same,  and  that  he 
does  not  own  any  state  lands  which,  together  with  that  now  sought  to  be  purchased, 
exceeds  six  hundred  and  forty  aores. 

The  provisions  of  this  section  shall  not  affect  or  apply  to  any  land  uncovered  by 
the  recession  or  drainage  of  the  waters  of  any  lake  or  other  body  of  water,  the  waters 
of  which  are  so  impregnated  with  minerals  as  to  be  valuable  for  the  purpose  of 
extracting  therefrom  such  minerals;  but  the  land  uncovered  by  the  recession  or  drain- 
age T)f  such  waters  shall  be  subject  to  lease  for  periods  of  not  longer  than  twenty- 
five  years  upon  such  charges,  terras  and  conditions  as  may  be  prescribed  by  law. 

Sec.  2.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

Sec.  3.     This  act  shall  take  effect  immediately. 


54  CALII-OHXIA    STATE    MINING    BUREAU. 

EXTRACTION  OF  MINERALS  FROM  WATER. 

An  act  regulating  the  extraction  of  minerals  from  the  waters  of  any  stream  or  lake 
and  prohibiting  the  extraction  of  minerals  from  said  waters  except  under  lease 
from  or  express  permission  of  the  state  for  a  period  not  exceeding  twenty-five 
years. 

[Approved  April    14,   1911.] 

The   people    of    the   state    of    California,    represented   in    senate   and    assemhhj,    do 

enact  as  follows: 

Section  1.  Minerals  contained  in  the  waters  of  any  stream  or  lake  in  this  state 
shall  not  be  extracted  fi'om  said  waters  except  upon  charges,  terms  and  conditions 
prescribed  by  law.  No  person,  firm,  corporation  or  association  shall  hereafter  gaiu 
the  right  to  extract  or  cause  to  be  extracted  said  minerals  from  said  waters  by  user, 
custom,  prescription,  appropriation,  littoral  rights,  riparian  rights,  or  in  any  manner 
other  than  by  lease  from  or  express  permission  of  the  state  as  prescribed  by  law : 
and  no  such  lease  or  permission  shall  be  granted  for  a  longer  period  than  twenty- 
five  years. 

Sec.  2.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

Sec.  3.     This  act  shall  take  effect  immediately. 

HYDRAULIC  MINING. 

Where  hydraulic  mining  can  be  carried  on. 

§  1424.  The  business  of  hydraulic  mining  may  be  carried  on  within  the  state  of 
California  wherever  and  whenever  the  same  can  be  carried  on  without  material 
injury  to  the  navigable  streams,  or  the  lands  adjacent  thereto. 

Meaning  of  hydraulic  mining. 

§  142.5.  Hydraulic  mining,  within  the  meaning  of  this  title,  is  mining  by  the 
means  of  the  application  of  water,  under  pressure,  through  a  nozzle,  agafnst  a  natural 
bank. 

See  also  act  oreatiuj::  California  Debris  Commission  and  regulation,  page  34. 

MINERAL    LANDS    WITHIN    MEANDER    LINES    OF    LAKES    AND 

STREAMS, 

An  act  relating  to  lakes  and  streams,  the  waters  of  which  contain  minerals  in  com- 
mercial quantities;  withdrawing  state  lands  within  the  meander  lines  thereof 
from  sale;  prescribing  conditions  for  taking  such  minerals  from  said  waters  and 
lands,  and  providing  for  the  leasing  of  lands  uncovered  by  the  recession  of  the 
waters  of  such  lakes  and  streams. 

[Approved   April   27,    1911.] 

The    people   of    the   state    of    California,    represented    in    senate    and    assemhhj,    do 

enact  as  follo^cs: 

Section  1.  There  is  hereby  withdrawn  from  selection  and  sale  all  of  the  lands 
embraced  within  the  original  meander  lines  of  streams  and  lakes  belonging  to  the 
state,  the  waters  of  which  contain  minerals  in  commercial  quantities,  and  all  such 
lands  which  may  hereafter  inure  to  the  state  by  virtue  of  its  sovereignty,  excepting 
such  lands  now  contracted  to  be  sold  under  sections  3493nt  to  3493f,  both  inclusive, 
of  the  Political  Code. 

Sec.  2.  No  person,  firm  or  corporation  shall  take  water  from  such  streams  or 
lakes  containing  minerals  and  extract  from  such  water  such  minerals,  except  under 
the  terms  and  conditions  of  this  act ;  and  no  person,  firm  or  corporation  may  lease 
any  land  herein  referred  to  and  extract  therefrom  minerals  deposited  therein  or 
thereon,  except  under  the  terms  and  conditions  of  this  act. 

Sec.  3.  Every  pereon,  firm  or  corporation  taking  from  the  waters  of  such  streams, 
lakes  or  lands  any  minerals,  shall  file,  on  or  before  the  last  Monday  in  January  of 
each  year,  with  the  county  assessor  of  the  county  in  which  any  such  stream  or  lake 
is  situated,  and  also  with  the  state  controller,  a  written  statement,  duly  verified, 
showing  in  tons  of  two  thousand  pounds,  the  amount  of  mineral  taken  by  such  person. 


MINING    LAWS.  55 

firm  or  corporation  from  such  water  or  land  during  the  year  ending  December  31st 
last  preceding,  and  sold  by  said  pei'son.  firm  or  corporation  during  the  said  year  pre- 
ceding. Any  such  person,  iirm  or  corporation  neglecting  or  refusing  to  furnish  such 
statement  shall  be  subject  to  a  fine  of  one  hundred  dollars  for  each  day  after  the 
said  last  Monday  in  January  such  person,  firm  or  corporation,  shall  fail  to  furnish 
such  statement,  and,  in  addition  to  said  fine,  shall  forfeit  all  leases  granting  the  right 
to  extract  such  minerals  from  said  water  and  said  laud.  Any  person  who  shall, 
either  on  behalf  of  himself  or  any  firm  or  corporation,  verify  any  such  statement 
which  shall  be  untrue  in  any  material  part,  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  4.  In  case  either  the  assessor  or  the  state  controller  shall  not  be  satisfied 
with  the  statement  as  returned,  he  may  make  an  examination  of  the  matters  neces- 
sary to  verify  or  correct  said  statement,  and,  for  that  purpose,  may  subpoena  wit- 
nesses aud  call  for  and  compel  the  production  of  necessary  books  and  papers  belong- 
ing to  the  person,  firm  or  corporation  making  the  returns. 

Skc.  r>.  The  county  assessor  of  the  county  shall,  after  examination  and  approval 
by  him  and  the  state  controller  of  such  statement,  pi'oceed  to  collect  from  such  per- 
son, firm  or  corporation  a  royalty  of  twenty-five  cents  for  each  ton  of  two  thousand 
pounds  of  mineral  taken  from  such  water  or  land  by  such  person,  firm  or  corporation 
and  sold,  during  the  preceding  year,  in  the  manner  provided  for  the  collection  of 
personal  property  taxes ;  provided,  that  the  royalty  on  sodium  bicarbonate  and  on 
sodium  hydrate  so  taken  shall  be  fifty  (.50)  cents  for  each  ton  of  two  thousand 
pounds. 

Sec.  6.  Any  person,  firm  or  corporation  desiring  to  lease  any  lands  under  this 
act  must  make  application  therefor  to  the  surveyor  general  of  the  state,  describing 
the  lands  sought  to  be  leased  by  legal  subdivisions,  or  if  the  legal  subdivisions  are 
unknown  to  the  applicant  by  metes  and  bounds.  The  application  must  be  accom- 
panied by  a  filing  fee  of  ten  dollars. 

Sec.  7.  Upon  the  receipt  of  such  application,  the  surveyor  general  shall  direct 
the  county  survejor  of  the  county  in  which  such  lands  are  situated  to  survey  the 
land  sought  to  be  leased.  The  county  surveyor  shall  make  an  actual  survey  of  the 
land,  at  the  expense  of  the  applicant,  establishing  the  four  corners  to  each  quarter 
section,  and  connecting  the  same  with  a  United  States  survey ;  and,  within  thirty 
days  file  with  the  surveyor  general  a  copy,  under  oath,  of  his  field  notes  and  plat. 
If  the  county  surveyor  fails  to  make  the  survey  as  herein  provided,  the  surveyor 
general  shall  immediately  direct  another  person  to  make  the  survey  at  the  expense 
of  the  applicant,  and  said  survey  shall  be  made  and  completed  within  thirty  days 
after  the  authorization,  and  the  field  notes  and  plats,  or  copies  thereof,  shall  be 
sworn  to  by  the  surveyor  making  them  and  shall  be  filed  with  the  surveyor  general. 

Sec.  8.  All  applications  to  lease  land  under  this  act  shall  be  approved  or  rejected 
by  the  surveyor  general  within  ninety  days  after  the  receipt  thereof.  Immediately 
after  the  approval  of  the  application,  the  surveyor  general  shall  execute  and  deliver 
to  the  applicant  a  lease  of  the  lands  described  in  the  application. 

Sec.  9.  The  lands  designated  in  this  act  shall  be  leased  at  the  rate  of  two  dol- 
lars and  fifty  cents  per  acre,  per  year,  payable  yearly  in  advance.  All  moneys 
received  as  rental  for  such  lands  and  as  royalty  upon  the  mineral  product  of  the 
waters  of  the  lakes,  streams  or  lands  above  mentioned,  shall  be  paid  into  the  state 
school  land  fund. 

Sec.  10.  Whenever  any  lease  is  delivered  to  the  applicant  by  the  surveyor  gen- 
eral, the  lessee  shall  within  fifteen  days  thereafter,  present  said  lease  to  the  treasurer 
of  the  state  of  California,  and  make  payment  of  the  first  annual  rental.  The  treas- 
urer shall  receive  the  money  and  give  a  receipt  therefor.  All  subsequent  annual 
payments  of  rental  must  be  paid  to  the  state  treasurer,  in  like  manner,  within  fifteen 
days  after  they  become  due.  In  case  payments  are  not  made  as  herein  provided,  the 
lease  and  all  rights  thereunder  shall  cease  and  terminate.  No  lease  shall  run  for 
more  than  twenty-five  years ;  provided,  that  upon  the  expiration  of  any  lease,  such 
lease  may  be  extended  for  a  period  of  twenty-five  years  upon  such  terms  and  con- 
ditions as  may  then  be  prescribed  by  law. 


56  CAMFOHNIA    STATE    MINING    BUREAU. 

Sec.  11.  All  leases  made  under  the  authority  of  this  act  shall  contain  a  reser- 
vation to  the  state  of  a  right  to  locate  rights  of  way  across  such  leased  lands,  subject 
only  to  the  requirements  that  the  rights  of  way  shall  be  located  in  such  manner  as 
to  cause  the  least  injury  to  the  leased  lands  across  which  the  same  may  be  located, 
and  that  any  damage  suffered  by  the  lessee  of  such  lands  shall  be  compensated  by 
the  lessee  of  the  lands  for  whose  benefit  the  right  of  way  is  required  ;  and  every  such 
lease  shall  be  subject  to,  and  shall  contain  a  reservation  of,  the  right  of  any  city 
and  county  or  incorporated  city  or  town  of  this  state  to  at  any  time  appropriate 
and  take,  under  the  laws  of  this  state  relative  to  the  appropriation  of  waters,  water 
from  any  stream  or  lake  tributary  to  or  discharging  into  any  stream  or  lake  of  the 
character  mentioned  in  section  one  of  this  act,  for  any  use  or  uses  within  the  author- 
ized powers  of  such  city  and  county,  or  incorporated  city  or  town. 

Sec.  12.  Leases  of  rights  of  way,  not  exceeding  one  hundred  feet  in  width,  for 
access  to  any  water  or  lands  designated  by  this  act,  may  be  applied  for  and  granted 
in  the  manner  herein  provided  for  leasing  lands.  Such  rights  of  way  shall  be  leased 
at  an  annual  rental  of  two  dollars  and  fifty  cents  an  acre,  and  the  same  shall  be 
paid  as  herein  provided  for  leased  lands. 

Sec.  13.  All  leases  of  mineral  lands  provided  for  by  this  act  shall  cease  and  ter- 
minate on  December  31st  of  any  year  if  the  lessee  or  assigns  has  not,  during  the 
year  preceding,  extracted  or  removed  from  such  land  and  water  an  amount  of  min- 
eral equal,  in  the  aggregate,  to  a  minimum  of  five  tons  per  acre  of  land  leased  ; 
provided,  that  when  a  lease  is  not  delivered  to  the  lessee  until  after  the  fifteenth  day 
of  January  of  any  year,  the  minimum  tonnage  for  such  year  shall  be  less  than  five 
(5)  tons,  and  shall  be  proportional  to  the  number  of  days  remaining  in  such  year 
after  the  completion  of  the  works. 

Sec.  14.  The  surveyor  general  is  hereby  authorized  to  prepare,  make,  execute 
and  deliver  all  papers,  instruments  and  documents,  and  to  do  any  and  all  things 
necessary  to  carry  out  the  provisions  of  this  act. 

Sec.  15.  The  legislature  shall  have  the  right  to  change,  from  time  to  time,  the 
royalty  per  ton  of  minerals  extracted  and  the  annual  rental  per  acre  of  land,  and 
such  change  shall  apply  to  all  persons,  firms  or  corporations  holding  leases  herein- 
under;  provided,  that  no  lease  given  under  this  act  shall  be  subject  to  any  change, 
as  to  the  royalty  or  rental  provided  for  in  said  lease,  subsequent  to  the  execution 
of  such  lease  until  after  ten  years  from  the  passage  of  this  act. 

Sec.  16.  Any  lessee  hereinunder  may  abandon  and  surrender  a  lease  at  the  expira- 
tion of  any  calendar  year  by  filing  with  the  county  assessor  of  the  county  in 
which  is  situated  the  lands  described  in  said  lease,  and  with  the  surveyor  general 
and  the  state  controller,  notices  of  said  abandonment  or  surrender;  but  said  notices 
must  be  filed  at  least  sixty  days  before  the  expiration  of  said  calendar  year;  and 
said  abandonment  and  surrender  shall  not  absolve  the  said  lessee  from  the  payment 
of  any  royalty  which  may  be  due  at  the  end  of  said  fiscal  year,  for  minerals  extracted 
from  the  waters  or  lands  in  this  act  specified. 

Sec.  17.     This  act  shall  take  effect  immediately. 

THE  RIGHT  OF  EMINENT  DOMAIN. 

An  act  to  amend  section  twelve  hundred  and  thirty-eight  of  the  Code  of  Civil  Pro- 
cedure, relating  to  the  purposes  for  which  the  right  of  eminent  domain  may  be 
exercised,  and  repealing  all  acts  and  parts  of  acts  in  conflict  with  this  act. 

[Approved  April   28,    1911.] 

Section  1.  Section  twelve  hundred  and  thirty-eight  of  the  Code  of  Civil  Pro- 
cedure is  hereby  amended  to  read  as  follows : 

§  1238.  Subject  to  the  provisions  of  this  title,  the  right  of  eminent  domain  may 
be  exercised  in  behalf  of  the  following  public  uses: 

4.  Wharves,  docks,  piers,  chutes,  booms,  ferries,  bridges,  toll  roads,  by-roads, 
plank,  and  turnpike  roads;  paths  and  roads  either  on  the  surface,  elevated,  or 
depressed,  for  the  use  of  bicycles,  tricycles,  motor  cycles  and  other  horseless  vehicles, 
steam,  electric,  and  horse  railroads,  canals,  ditches,  dams,  poundings,  flumes,  aque-; 
ducts  and  pipes  for  irrigation,  public  transportation,  supplying  mines  and  farming 


MINING    LAWS.  57, 

neighborhoods  with  water,  and  draining  and  reclaiming  lands,  and  for  floating  logs 
and  lumber  on  streams  not  navigable. 

5.  Roads,  tunnels,  ditches,  flumes,  pipes  and  dumping  places  for  working  mines; 
also  outlets,  natural  or  otherwise,  for  the  flow,  deposit,  or  conduct  of  tailings  or 
refuse  matter  from  mines;  also  an  occupancy  in  common  by  the  owners  or  possessors 
of  difTerpnt  mines  of  any  place  for  the  flow,  deposit,  or  conduct  of  tailings  or  refuse 
matter  from  their  several  mines. 

G.  By-roads  leading  from  highways  to  residences,  farms,  mines,  mills,  factories 
and  buildings  for  operating  machinery,  or  necessary  to  reach  any  property  used  for 
public  purposes. 

7.  Telegraph  and  telephone  lines,  systems  and  plants. 

9.  Roads  for  transportation  by  traction  engines  or  road  locomotives. 

10.  Oil  pipe  lines. 

11.  Roads  and  flumes  for  logging  or  lumbering  purposes. 

12.  Canals,  reservoirs,  dams,  ditches,  flumes,  aqueducts  and  pipes  and  outlets 
natural  or  otherwise  for  supplying,  storing  and  discharging  water  for  the  operation 
of  machinery  for  the  purpose  of  genernting  and  transmitting  electricity  for  the  supply 
of  mines,  quarries,  railroads,  tramways,  mills,  and  factories  with  electric  power;  and 
also  for  the  applying  of  electricity  to  light  or  heat  mines,  quarries,  mills,  factories, 
incorporated  cities  and  counties,  villaues  or  towns;  and  also  for  furnishing  electricity 
for  lighting,  heating  or  power  purposes  to  individuals  or  corporations,  together  with 
lands,  buildings  and  all  other  improvements  in  or  upon  which  to  erect,  install,  place, 
use  or  operate  machinery  for  the  purpose  of  generating  and  transmitting  electricity 
for  any  of  the  purposes  or  uses  above  set  forth. 

Sec.  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 
Sec.  3.     This  act  shall  take  effect  immediately. 

An   act  to  amend  section   1239  of  the  Code  of  Civil  Procedure,  relating  to  proceedings 
to  exercise  the  right  of  eminent  domain. 

[Approved   April   5,    1911.] 

Skction  1.  Section  12.39  of  the  Code  of  Civil  Procedure  of  the  state  of  Cali- 
fornia, is  hereby  amended  to  read  as  follows : 

§  1239.  The  following  is  a  classification  of  the  estates  and  rights  in  lands  sub- 
ject to  be  taken  for  public  use : 

1.  A  fee  simple,  when  taken  for  public  buildings  or  grounds,  or  for  permanent 
buildings,  for  reservoirs  and  dams,  and  permanent  flooding  occasioned  thereby,  or 
for  an  outlet  for  a  flow,  or  a  place  for  the  deposit  of  debris  or  tailings  of  a  mine; 


TRIALS  INVOLVING  MINING   CLAIMS. 

An    act   to   amend    section   595   of  the   Code   of   Civil    Procedure   of   this   state    relating 

to  trials  in  civil  causes. 

fApproved  May  1.   1911.1 

Skctiox  1.  Section  five  hundred  and  ninety-five  of  the  Cixlc  nf  Civil  rrocedurr 
of  California  is  hereby  amended  to  read  as  follows: 

§  59."».  A  motion  to  postpone  a  trial  on  the  ground  of  the  absence  of  evidence  can 
only  be  made  upon  aflidavit  siiowing  the  materiality  of  the  evidence  expected  to  bo 
obtained:  and  that  due  diligence  has  been  used  to  procure  it.  A  trial  .shall  be  post- 
I)oned  when  it  appears  to  the  court  that  the  attorney  of  record.  ))arty.  or  principal 
witness  is  actually  engaged  in  attendance  upon  a  session  of  the  legislature  of  this 
state  as  a  member  thereof.  The  court  may  require  the  moving  party,  where  apiili- 
cation  is  made  on  account  of  the  absence  of  a  material  witness,  to  state  ui)on  affidavit 
the  evidence  which  ho  e.\j)ects  to  obtain  :  and  if  the  adversi'  party  thereupon  admits 
that  such  evidence  would  be  given,  and  that  it  be  considered  as  actually  given  on  tlu' 
trial,  or  offered  and  overruled  as  improper,  the  trial  must  not  be  postponed.  In 
Mctions  involving  the  title  to  mining  claims,  or  involving  tresjjass  for  damage  iipou 


58  CALIFOBXIA    STATE    MIXING    BUREAU. 

mining  claims,  if  it  be  made  to  appear  to  the  satisfaction  of  the  court  that,  in  order 
that  justice  may  be  done  and  the  action  fairly  tried  on  its  merits,  it  is  necessary 
that  further  developments  should  be  made,  underground  or  uiwn  the  surface  of  the 
mining  claims  involved  in  said  action,  the  court  shall  grant  the  postponement  of  tho 
trial  of  the  action,  giving  the  party  a  reasonable  time  in  which  to  prepare  for  trial 
and  to  do  said  development  work. 

LOCATION  OF  MINING  CLAIMS,  MILL  SITES,  AND  ASSESSMENT 

WORK. 

An  act  to  amend  the  Civil  Code  of  California  by  adding  a  new  title  thereto,  to  be 
numbered  title  X,  in  part  IV  of  division  second,  consisting  of  sections  1426,  1426a, 
1426b,  1426c,  1426d,  1426e,  1426f,  1426g.  1426h,  14261,  1426j,  1426k,  14261,  1426m, 
1426n,  1426o,  1426p,  1426q,  1426r,  and  1426s,  providing  for  the  manner  of  locating 
lode  and  placer  mining  claims,  tunnel  rights,  mill  sites,  and  prescribing  the  char- 
acter and  amount  of  assessment  work  on  mining  claims,  and  providing  for  proofs 
of  such  work,  and  for  the  recordation  of  location  notices,  and  proof  of  labor,  and 
for  the  enforcement  of  contributions  from  delinquent  co-owners  of  mining  claims, 
and  prescribing  the  duties  of  county  recorders  respecting  the  recording  of  location 
notices  of,  and  proofs  of  labor  on,  mining  claims,  tunnel  rights,  and  mill  sites, 
and  the  fees  to  be  charged  therefor,  and  repealing  acts  in  conflict  herewith. 

[Approved  March  13,  1909.] 

The   people  of    the    state    of    California,    represented    in    senate    and    assemhhj,    do 

enact   as   follows: 

Section  1.  The  Civil  Code  of  the  state  of  California  is  hereby  amended  by  add- 
ing a  new  title  thereto,  to  be  numbered  title  X,  in  part  IV  of  second  division,  con- 
sisting of  sections  1426,  1426a,  1426&,  1426c,  1426(Z,  1426e,  1426/,  U26g,  1426ft. 
1426i,  1426/,  1426fc,  1426?,  1426m,  1426h,  1426o,  1426p,  1426(7,  1426r,  and  1426s, 
to  read  as  follows : 

§  1426.  Any  person,  a  citizen  of  the  United  States,  or  who  has  declared  his 
intention  to  become  such,  who  discovers  a  vein  or  lode  of  quartz,  or  other  rock  in 
place  bearing  gold,  silver,  cinnabar,  lead,  tin,  copper,  or  other  valuable  deposit,  may 
locate  a  claim  upon  such  vein  or  lode,  by  defining  the  boundaries  of  the  claim,  in  the 
manner  hereinafter  described,  and  by  posting  a  notice  of  such  location,  at  the  point 
of  discovei\v,  which  notice  must  contain  : 

First — The  name  of  the  lode  or  claim. 

Second — The  name  of  the  locator  or  locators. 

Third — The  number  of  linear  feet  claimed  in  length  along  the  course  of  the  vein, 
each  way  from  the  point  of  discovery,  with  the  width  on  each  side  of  the  center  of 
the  claim,  and  the  general  course  of  the  vein  or  lode,  as  near  as  may  be. 

Fourth — ^The  date  of  location. 

Fifth — Such  a  description  of  the  claim  by  reference  to  some  natural  object,  or 
permanent  monument,  as  will  identify  the  claim  located. 

§  1426a.  The  locator  must  define  the  boundaries  of  his  claim  so  that  they  may 
be  readily  traced,  and  in  no  case  shall  the  claim  extend  more  than  fifteen  hundred 
feet  along  the  course  of  the  vein  or  lode,  nor  more  than  three  hundred  feet  on  either 
side  thereof,  measured  from  the  center  line  of  the  vein  at  the  surface. 

§  1426&.  Within  thirty  days  after  the  posting  of  his  notice  of  location  upon  a 
lode  mining  claim,  the  locator  shall  record  a  true  copy  thereof  in  the  oflSce  of  the 
county  recorder  of  the  county  in  which  such  claim  is  situated,  for  which  service  the 
county  recorder  shall  receive  a  fee  of  one  dollar. 

§  1426c.  The  location  of  a  placer  claim  shall  be  made  in  the  following  manner: 
By  posting  thereon,  upon  a  tree,  rock  in  place,  stone,  post  or  monument,  a  notice  of 
location,  containing  the  name  of  the  claim,  name  of  locator  or  locators,  date  of  loca- 
tion, number  of  feet  or  acreage  claimed,  such  a  description  of  the  claim  by  reference 
to  some  natural  object  or  permanent  monument  as  will  identify  the  claim  located, 
and  by  marking  the  boundaries  so  that  they  may  be  readily  traced  ;  provided,  that 
where  the  United  States  survey  has  been  extended  over  the  land  embraced  in  the 
location,  the  claim  may  be  taken  by  legal  subdivisions  and  no  other  reference  than 
those  of  said  survey  shall  be  required  and  the  boundaries  of  a  claim  so  located  and 


MINING    LAWS.  59 

described  need  not  be  staked  or  monumented.     The  description  by  legal  subdivisions 
shall  be  deemed  the  equivalent  of  marking. 

§  1426rf.  Within  thirty  days  after  the  posting  of  the  notice  of  location  of  a 
placer  claim,  the  locator  shall  record  a  true  copy  thereof  in  the  office  of  the  county 
recorder  of  the  county  in  which  such  claim  is  situated,  for  which  service  the  recorder 
shall  receive  a  fee  of  one  dollar. 

§  142Gr.  The  locator  of  a  tunnel  right  or  location,  shall  locate  his  tunnel  right 
or  location  by  posting  a  notice  of  location  at  the  face  or  point  of  commencement  of 
the  tunnel,  which  must  contain  : 

First — The  name  of  the  locator  or  locators. 

Second — ^The  date  of  the  location. 

Third— The  proposed  course  or  direction  of  the  tunnel. 

Fourth — A  description  of  the  tunnel,  with  reference  to  some  natural  object  or 
permanent  monument  as  shall  identify  the  claim  or  tunnel  right. 

§  142G/.  The  boundary  lines  of  the  tunnel  shall  be  established  by  stakes  or 
monuments  placed  along  the  lines  at  an  interval  of  not  more  than  six  hundred  feet 
from  the  face  or  point  of  commencement  of  the  tunnel  to  the  terminus  of  three 
thousand  feet  therefrom. 

§  142(\g.  Within  thirty  days  after  the  posting  the  notice  of  location  of  the 
tunnel  right  or  location,  the  locator  shall  record  a  true  copy  thereof,  in  the  office 
of  the  county  recorder  of  the  county  in  which  such  claim  is  situated,  for  which 
service  the  recorder  shall  receive  a  fee  of  one  dollar. 

§  1426/(.  If  at  any  time  the  locator  of  any  mining  claim  heretofore  or  hereafter 
located,  or  his  assigns,  shall  apprehend  that  his  original  location  notice  was  defective, 
erroneous,  or  that  the  requirements  of  the  law  had  not  been  complied  with  before 
filing;  or  in  case  the  original  notice  was  made  prior  to  the  passage  of  this  act.  and 
ho  shall  be  desirous  of  securing  the  benefit  of  this  act.  such  locator,  or  his  assigns, 
may  file  an  additional  notice,  subject  to  the  provisions  of  this  act ;  provided,  that 
such  amended  location  notice  does  not  interfere  with  the  existing  rights  of  others  at 
the  time  of  posting  and  filing  such  amended  location  notice,  and  no  such  amended 
location  notice  or  the  record  thereof,  shall  preclude  the  claimant,  or  claimants  from 
proving  any  such  title  as  he  or  they  may  have  held  under  previous  locations. 

§  1426i.  Where  a  locator,  or  his  assigns,  has  the  boundaries  and  corners  of  his 
claim  established  by  a  United  States  deputy  mineral  survey,  or  a  licensed  surveyor 
of  this  state,  and  his  claim  connected  with  the  corner  of  the  public  or  minor  surveys 
of  an  established  initial  point,  and  incorporates  into  the  record  of  the  claim,  the 
field  notes  of  such  survey,  and  attaches  to  and  files  with  such  location  notice  a  cer- 
tificate of  the  surveyor,  setting  forth  :  fimt,  that  said  survey  was  actually  made  by 
him,  giving  the  date  thereof;  second,  the  name  of  the  claim  surveyed  and  the  location 
thereof;  third,  that  the  description  incorporated  in  the  declaratory  statement  is 
sufficient  to  identify ;  such  survey  and  certificate  becomes  a  part  of  the  record,  and 
such  record  is  prima  facie  evidence  of  the  facts  therein  contained. 

§  1426/.  The  proprietor  of  a  vein  or  lode  claim  or  mine,  or  the  owner  of  a  quartz 
mill  or  reduction  works,  or  any  person  qualified  by  the  laws  of  the  United  States, 
may  locate  not  more  than  five  acres  of  non-mineral  land  as  a  mill  site.  Such  location 
shall  be  made  in  the  same  manner  as  hereinbefore  required  for  locating  placer  claims. 

§  142GA-.  The  locator  of  a  mill  site  claim  or  location  shall,  within  thirty  days 
from  the  date  of  his  location,  record  a  true  copy  of  his  location  notice  with  the 
county  recorder  of  the  county  in  which  such  location  is  situated,  for  which  service 
the  recorder  shall  receive  a  fee  of  one  dollar. 

§  1426?.  The  amount  of  work  done  or  improvements  made  during  each  year  to 
hold  possession  of  a  mining  claim  shall  be  that  proscribed  by  the  laws  of  the  United 
States,  to  wit:  One  hundred  dollars  annually. 

§  142Gm.  Whenever  fa]  mine  owner.  comi)any.  or  corporation  shall  have  per- 
formed the  labor  and  made  the  improvements  required  by  law  upon  any  mining  claim, 
the  person  in  whose  behalf  such  labor  was  performed  or  improvements  made,  or 
some  one  in  his  behalf,  shall  within  thirty  days  after  the  time  limited  for  performing 


60  CALIFORNIA    STATE    MINING    BUREAU. 

such  labor  or  making  such  improvements  make  and  have  recorded  by  the  county 
recorder,  in  books  kept  for  that  purpose,  in  the  county  in  which  such  mining  claim 
is  situated,  an  affidavit  setting  forth  the  value  of  labor  or  improvements  made,  the 
name  of  the  claim,  and  the  name  of  the  oviner  or  claimant  of  said  claim  at  whose 
expense  the  same  was  made  or  performed.  Such  affidavit,  or  a  copy  thereof,  duly 
certified  by  the  county  recorder,  shall  be  prima  facie  evidence  of  the  performance  of 
such  labor  or  the  making  of  such  improvements,  or  both. 

§  1426n.  For  recording  the  affidavit  herein  required,  the  county  recorder  shall 
receive  a  fee  of  fifty  cents. 

§  1426o.  Whenever  a  co-owner  or  co-owners  of  a  mining  claim  shall  give  to  a 
delinquent  co-owner  or  co-owners  the  notice  in  writing  or  notice  by  publication  pro- 
vided for  in  section  2324,  Revised  Statutes  of  the  United  States,  an  affidavit  of  the 
person  giving  such  notice,  stating  the  time,  place,  manner  of  service,  and  by  whom 
and  upon  whom  such  service  was  made,  shall  be  attached  to  a  true  copy  of  such 
notice,  and  such  notice  and  affidavit  must  be  recorded  in  the  office  of  the  county 
recorder,  in  books  kept  for  that  purpose,  in  the  county  in  which  the  claim  is  situated, 
within  ninety  days,  after  the  giving  of  such  notice ;  for  the  recording  of  which  said 
recorder  shall  receive  the  same  fees  as  are  now  allowed  by  law  for  recording  deeds ; 
or  if  such  notice  is  given  by  publication  in  a  newspaper,  there  shall  be  attached  to 
a  printed  copy  of  such  notice  an  affidavit  of  the  printer  or  his  foreman,  or  principal 
clerk  of  such  paper,  stating  the  date  of  the  first,  last  and  each  insertion  of  such 
notice  therein,  and  where  the  newspaper  was  published  during  that  time,  and  the 
name  of  such  newspaper.  Such  affidavit  and  notice  shall  be  recorded  as  aforesaid, 
within  one  hundred  and  eighty  days  after  the  first  publication  thereof.  The  original 
of  such  notice  and  affidavit,  or  a  duly  certified  copy  of  the  record  thereof,  shall  be 
prima  facie  evidence  that  the  delinquent  mentioned  in  section  2324  has  failed  or 
refused  to  contribute  his  proportion  of  the  expenditure  required  by  that  section,  and 
of  the  service  of  publication  of  said  notice ;  provided,  the  writing  or  affidavit  herein- 
after provided  for  is  not  of  record.  If  such  delinquent  shall,  within  the  ninety  days 
required  by  section  2324,  aforesaid,  contribute  to  his  co-owner  or  co-owners,  his  pro- 
portion of  such  expenditures,  and  also  all  costs  of  service  of  the  notice  required  by 
this  section,  whether  incurred  for  publication  charges,  or  otherwise,  such  co-owner 
or  co-owners  shall  sign  and  deliver  to  the  delinquent  or  delinquents  a  writing  stating 
that  the  delinquent  or  delinquents  by  name  has  within  the  time  required  by  sec- 
tion 2324  aforesaid,  contributed  his  share  for  the  year ,  upon  the 

mine,  and  further  stating  therein  the  district,  county  and  state  wherein  the  same 
is  situated,  and  the  book  and  page  where  the  location  notice  is  recorded,  if  said  mine 
was  located  under  the  provisions  of  this  act ;  such  writing  shall  be  recorded  in  the 
office  of  the  county  recorder  of  said  county,  for  which  he  shall  receive  the  same  fees 
as  are  now  allowed  by  law  for  recording  deeds.  If  such  co-owner  or  co-owners  shall 
fail  to  sign  and  deliver  such  writing  to  the  delinquent  or  delinquents  within  twenty 
days  after  such  contribution,  the  co-owner  or  co-owners  so  failing  as  aforesaid  shall 
be  liable  to  the  penalty  of  one  hundred  dollars,  to  be  recovered  by  any  person  for 
the  use  of  the  delinquent  or  delinquents  in  any  court  of  competent  jurisdiction.  If 
such  co-owner  or  co-owners  fail  to  deliver  such  writing  within  said  twenty  days, 
the  delinquent,  with  two  disinterested  persons  having  personal  knowledge  of  such 
contribution,  may  make  affidavit  setting  forth  in  what  manner,  the  amount  of,  to 
whom,  and  upon  what  mine,  such  contribution  was  made.  Such  affidavit,  or  a  record 
thereof,  in  the  office  of  the  county  recorder  of  the  county  in  which  such  mine  is 
situated,  shall  be  prima  facie  evidence  of  such  contribution. 

§  1426/).  The  record  of  any  location  of  a  mining  claim,  mill  site  or  tunnel  right, 
in  the  office  of  the  county  recorder,  as  herein  provided  shall  be  received  in  evidence, 
and  have  the  same  force  and  effect  in  the  courts  of  the  state  as  the  original  notice. 

§  142(jq.  Copies  of  the  records  of  all  instruments  required  to  be  recorded  by  the 
provisions  of  this  act,  duly  certified  by  the  recorder,  in  whose  custody  such  records 
are,  may  be  read  in  evidence,  under  the  same  circumstances  and  rules  as  are  now. 
or  may  be  hereafter  provided  by  law,  for  using  copies  of  instruments  relating  to  real 
«state,  duly  executed  or  acknowledged  or  proved  and  recorded. 


MINING    LAWS.  61 

§  1426r.  The  provisions  of  this  act  shall  not  in  any  manner  be  construed  as 
affecting  or  abolishing  any  mining  district  or  the  rules  and  regulations  thereof  within 
the  state  of  California. 

§  1426s.  The  failure  or  neglect  of  any  locator  of  a  mining  claim  to  perform 
development  work  of  the  character,  in  the  manner  and  within  the  time  required  by 
the  laws  of  the  United  States,  shall  disqualify  such  locators  from  relocating  the 
ground  embraced  iu  the  original  location  or  mining  claim  or  any  part  thereof  under 
the  mining  laws,  within  three  years  after  the  date  of  his  original  location  and  any 
attempted  relocation  thereof  by  any  of  the  original  locators  shall  render  such  location 
void. 

Sec.  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act,  are  hereby  repealed. 

Sec.  3.     This  act  shall  take  effect  and  be  in  force  on  and  after  July  1,  1909. 

REGULATIONS  PROVIDED  FOR  CONTROL  OF  EXPLOSIVES. 

An  act  relating  to  explosives  and  prescribing  regulations  for  the  transportation, 
storage  and  selling  of  explosives,  and  providing  penalties  for  the  violation  of 
this  act. 

[Approved  March  20,  1911.] 

'J'hc  people  of  the  State  of  California,  represented  in   ftenate  and  assembhi.  do  enact 

as    foUoiCH : 

Skctiox  1.  The  term  "explosive"  or  "explosives"  whenever  used  in  this  act. 
shall  iuelude  guupowder.  blasting  powder,  dynamite,  gun-cotton,  nitroglycerine  or 
any  compound  thereof,  fulminate,  and  every  explosive  substance  having  an  explo.sive 
power  e<iual  to  or  greater  than  black  blasting  powder,  and  any  substance  intended  to 
be  used  by  explodiug  or  igniting  the  same  to  produce  a  forc<^  to  i)ropel  missilis.  or 
ivnd  apart  substances  but  does  not  include  said  substances,  or  any  of  them,  in  the 
form  of  fixed  ammunition  for  small  arms.  The  term  "person"  whenever  used  herein 
shall  1)0  held  to  include  corporations  as  well  as  natural  persons :  words  used  in  the 
singular  number  to  include  the  plural  and  the  plural  the  singular.  The  words 
"I'Xplosive  manufacturing  plant"  shall  be  understood  to  include  all  the  land  used 
in  connection  with  the  manufacture  and  starage  of  explosives  thereat. 

Sec.  2.  Except  only  at  an  explosive  manufacturing  plant,  no  i)erson  shall  have, 
keep  or  store,  at  any  place  within  the  state,  any  explosives,  unless  such  explosives 
are  completely  enclosed  and  encased  in  tight  metal,  wooden  or  fibre  containers,  and, 
except  while  being  transported,  or  within  the  custody  of  the  common  carrier  pending 
delivery  to  consignee,  shall  be  kept  and  stored  in  a  magazine  constructed  and  oi>erated 
as  hereinafter  described,  and  no  person  having  in  his  i>ossessiou  or  control,  any 
explosives,  shall  under  any  circumstances  pennit  or  allow  any  grains  or  particles 
thereof  to  be  or  remain  on  the  outside  or  about  the  containers,  in  which  such 
explosives  are  contained. 

Sec.  .3.  Magazines  in  which  explosives  may  lawfully  be  stored  or  kept  shall  l)e 
t  wo  classes,  as  follows  : 

(a)  Magazines  of  the  first  class  shall  consist  of  those  containing  explosives  exceed- 
ing one  hundred  pounds,  and  shall  be  constructed  wholly  of  brick,,  wood  covered, 
with  iron,  or  other  fireproof  material,  and  must  be  fireproof,  and.  except  magazines 
where  gunpowder  or  black  blasting  powder  only  is  stored  must  lie  bullet  proof,  and 
shall  have  no  openings  except  for  ventilation  and  entrance.  The  dooi-s  of  such 
magazine  must  be  fireproof  and  bullet  proof,  aud  at  all  times  kept  closed  and  locktnl. 
except  when  necessarily  opened  for  the  purpose  of  storing  or  removing  explosives 
therein  or  therefrom,  by  persons  lawfully  entitled  to  enter  the  same.  Every  such 
magazine  sliall  have  suflicient  openings  for  ventilation  thereof,  which  must  be 
screened  in  such  manner  as  to  prevent  the  entrance  of  sparks  or  fire  through  the 
same.  Upon  each  side  of  such  magazine  there  shall  at  all  times  be  kept  conspicuously 
posted  a  sign,  with  the  words,  "magazine."  "explosives,"  "dangerous,"  legii)ly  printed 
thereon  in  letters  not  less  than  six  inches  high.  No  matches,  fire  or  lighting  device 
of  any  kind  except  electric  light  shall  at  any  time  be  permitted  in  any  such  magazine. 
No  i)a(kago  of  explosives  shall  at  any  time  be  opened  in  any  magazine.     No  blasting 


62 


CAI.llOliXIA     STAli:    MINI.\<;     lUHKAl" 


oaps,  or  other  detouatiug;  or  fulminatiu!^  cai)S,  or  detonators,  or  electric  fuzees,  shall 
be  kept  or  stored  in  any  magazine  in  which  explosives  are  kept  or  stored.  l)ut  such 
caps,  detonators  or  fu/.ees  may  be  kei>t  or  stored  in  a  uiatrazine  constructed  as  above 
provided  which  must  be  located  at  least  one  hundred  feet  from  any  magazine  in 
which  explosives  are  kept  or  stored.  Magazines  in  which  explosives  are  kei)t  or  stored 
must  be  detached  and  must  be  located  at  least  one  hundred  feet  from  any  other 
structure. 

(6)  On  and  after  January  3,  1919,  the  quantity  of  explosives  that  may  be  lawfully 
had.  kept  or  stored  in  any  magazine  shall  depend  upon  the  distance  that  such 
magazine  is  situated  from  buildings,  highways,  or  railroads,  and  upon  the  protection 
afforded  by  natural  or  eflRcient  artificial  barricades  to  such  buildings,  highways  or 
railroads.  Whenever  any  of  the  quantities  given  in  column  one  of  the  quantity  and 
distance  table  hereinafter  set  forth  is  had.  kept  or  stored  in  any  magazine  in  this 
state,  the  distance  that  any  quantity  given  in  column  one  of  said  taiile  may  be 
lawfully  had,  kept  or  stored  from  buildings  is  the  distance  set  opposite  said  quantity 
in  column  two  of  said  table,  and  the  distance  that  any  quantity  in  column  one  of 
-said  table,  may  be  lawfully  had,  kept  or  stored  from  railroads  is  the  distance  set 
opposite  said  quantity  in  column  three  of  said  table,  and  the  distance  that  any 
quantity  given  in  column  one  of  said  table  may  be  lawfully  had,  kept  or  stored  from 
highways  is  the  distance  set  opposite  said  quantity  in  column  four  of  said  table. 
The  quantity  and  distance  table  governing  the  keeping  or  storing  of  explosives  is  as 
follows  : 

QUANTITY    AND   UlSTANCE   TABLE. 


Column  1 

Column  2 

Column  3 

Column  4 

Quantity  that  may  be  lawfully  kept  or  stored  from 

nearest  builcUng.  highway  or  railroad 

Distance 

from 
nearest 
building. 

Di-ifauca 

from 
nearest 
railroad. 

Distance 

Blasting  caps 

Other  explosives 

from 
nearest 

.  highway. 

Number 

Number 

Pounds 

Pounds 

feet 

feet 

feet 

ovet 

not  over 

over 

not  over 

1,000 

o.OOO 

30 

20 

10 

5,000 

10,000 

60 

40 

20 

10,000 

20,000 

120 

70 

35 

•20,000 

25,000 

50 

145  1 

90 

45 

25.000 

50,000 

50 

100 

240 

140 

70 

50.000 

100,000 

100 

200 

360 

220 

110 

100,000 

150,000 

200 

300 

520 

310 

150 

150,000 

200,000 

300 

400 

640 

380 

190 

200.000 

250,000 

400 

500 

720 

430 

220 

250,000 

300,000 

500 

COO 

800 

480 

240 

300,000 

350,000 

600 

700 

860 

520 

260 

350,000 

JOO.OOO 

700 

800 

920 

550 

280 

400,000 

450,000 

800 

900 

980 

590 

300 

450,000 

500,000 

900 

1,000 

1,020 

610 

310 

500,000 

75«,000 

1,000 

1,500 

1,060 

640 

320 

750,000 

1,000,000 

1,500 

2,000 

1,200 

720 

360 

1,000,000 

1,500,000 

2,000 

3,000 

1.300 

780 

390 

1,500,000 

2,000,000 

3,000 

4,000 

1,420 

850 

420 

2.000,000' 

2,500,000 

4,000 

5,000 

1,500 

900 

450 

5,000 

6,000 

1,560 

940 

470 

6,000  ; 

7,000 

1,610 

970 

490 

7,000  i 

8,000 

1,660 

1,000 

500 

8.000  ! 

9,000 

1,700 

1,020 

510 

9,000 

10,000 

1,740 

1,040 

520 

10,000 

20,000 

1,780 

1,070 

530 

20,000 

30,000 

2,110 

1,270 

630 

30,000 

40,000 

2,410 

1,450 

720 

40,000 

50,000 

2,680 

1,610 

800 

50.000  , 

60.000 

2,920 

1,750 

880 

60,000  ' 

70,000 

3,130 

1,880 

940 

70,000 

80,000 

3,310 

1,990 

1,000 

80,000 

90,000 

3,460 

2,080 

1,040 

90,000 

100,000 

3,580 

-    2,150 

1,080 

100,000 

200,000 

3,800 

2,280 

1,140 

200,000 

300,000 

4,310 

2,590 

1,300 

MINING    LAWS.  63 

Wlu'iu'vrr  thv  building,  railroad  or  highway  to  be  protected  is  effectually  screeued 
from  the  magazine,  where  explosives  arc  had,  kept  or  stored,  either  by  natural 
features  of  the  ground  or  by  an  efficient  artificial  barricade  of  such  height  that  any 
straight  line  drawn  from  the  top  or  any  side  wall  of  the  magazine  to  any  part  of  the 
building  to  be  protected,  will  pass  through  such  intervening  natural  or  efficient 
artificial  barricade,  and  any  straight  line  drawn  from  the  top  of  any  side  wall  of  the 
magazine  to  any  point  twelve  feet  above  the  center  of  the  railroad  or  highway  to  be 
protected  will  pass  through  such  intervening  natural  or  efficient  artificial  barricade, 
the  applicable  distances  given  in  column  two,  three  and  four  of  the  quantity  and 
distance  table  may  be  reduced  one-half. 

If  at  any  time  the  distances  from  a  magazine  to  a  building,  highway  or  railroad  i)e 
decreased  through  the  construction  of  a  new  building,  highway  or  railroad  or  by  any 
other  means,  then  the  amounts  of  explosives  which  may  be  lawfully  had,  kept  or 
stored  in  said  magazine  nuist  be  reduced  to  correspond  with  the  quantity  and  distance 
table. 

The  term  "building"  when  used  in  the  foregoing  table  shall  be  held  to  mean  and 
include  only  any  building  regularly  occupied  in  whole  or  in  part  as  a  habitation  for 
human  beings,  and  any  store,  church,  schoolhouse.  railway  station  or  other  public 
place  of  assembly. 

The  term  "highway"  when  used  in  the  foregoing  table  shall  be  held  to  mean  pul)lic 
streets  or  public  road,  and  shall  not  include  roads  constructed  and  maintained  by 
private  persons. 

The  term  "railroad"  when  used  in  the  foregoing  table  shall  be  held  to  mean  and 
include  any  steam,  electric  or  other  railroad  that  carries  passengers  or  articles  of 
commerce  for  hire. 

The  term  "efficient  artificial  barricade"  when  used  in  the  foregoing  shall  be  held 
to  mean  au  artificial  mound  or  properly  revetted  wall  of  earth  of  a  thickness  of  not 
less  than  three  feet.  The  provisions  of  this  subsection  {h)  shall  not  apply  to 
mining  or  quarrying  operations.  Nothing  contained  in  this  subsection  (h)  shall  be 
held  to  prohibit  the  keeping  or  storing  of  explosives  at  any  explosive  manufacturing 
plant  which  was  actually  used  in  manufacturing  explosives  prior  to  the  fifteenth  day 
of  April,  nineteen  hundred  seventeen. 

(c)  Magazines  of  the  second  class  shall  consist  of  a  stout  box.  and  not  more  than 
one  hundred  pounds  of  explosives  shall  at  any  time  be  kept  or  stored  therein,  and, 
except  when  necessarily  opened  for  use  by  authorized  ])ersons,  shall  at  all  times  be 
kept  securely  locked.  Upon  each  such  magazine  there  shall  at  all  times  be  kept  con- 
spicuously posted  a  sign  with  the  words,  "magazine,"  "explosives,"  "dangerous," 
legibly  printed  thereon. 

Nothing  in  this  section  contained  shall  be  held  to  prohibit  the  keeping  or  storing  of 
explosives  in  any  tunnel,  where  no  person  or  persons  are  employed  ;  provided,  alirnyit, 
that  any  tunnel  so  used  for  the  storage  of  explosives  shall  have  fireproof  doors,  which 
must  at  all  times  be  kept  closed  and  locked,  except  when  necessarily  opened  for  the 
purpose  of  storing  or  removing  explosives  therein  or  therefrom,  by  persons  lawfully 
entitled  to  enter  the  same.  The  door  of  such  tunnel  magazine  shall  at  all  times  have 
legibly  printed  thereon  the  words,  "magazine,"  "explosives,"  "dangerous." 

Skc.  4.  Any  person  violating  or  failing  to  comply  with  any  of  the  provisions  of 
sections  two  and  three  of  this  act,  shall  be  gnilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars,  and 
not  more  than  one  thousand  dollars,  or  by  imi)risonment  not  exceeding  six  months,  or 
by  both  such  fine  and  imprisonment. 

Sec.  r>.  It  shall  be  unlawful  to  transport,  carry  or  convey,  any  explosives  between 
any  places  within  this  state,  on  any  vessel,  car  or  other  vehicle  of  any  description, 
operated  by  common  carrier,  which  vessel,  car  or  vehicle  is  carrying  passengers  for 
hire;  provided,  that  it  shall  be  lawful  to  transport  on  any  such  vessel,  car  or  vehicle, 
small  arms  ammunition  in  any  quantity,  and  such  fuses,  torpedoes,  rockets  or  other 
signal  devices,  as  may  be  essential  to  promote  safety  in  operation,  and  ))roperly 
l)acked  and  marked  samples  for  laboratory  examination,  not   exceeding  a  net  weight 


64  CAI.irolJNTA     STATI-:    MIX  IXC     lUliKAr. 

u£  oue-half  ixmnd  each,  and  not  exceeding  twenty  samples  at  ouo  lime,  in  a  sinjili' 
vessel,  ear  or  vehicle,  but  such  samples  shall  not  be  carried  in  that  part  of  the 
vessel,  car  or  vehicle,  which  is  intended  for  the  transportation  of  passengers  for  hire; 
prot-idcil.  further,  that  nothing  in  this  section  shall  be  construed  to  prevent  the 
transportation  of  military  or  naval  forces  with  their  accompanying  munitions  of 
war  on  passenger  equipment  vessels,  cars  or  vehicles;  prov'uhd,  further,  that  the 
transportation  of  explosives  on  any  freight  train  in  this  state  that  carries  passengers 
for  hire  in  a  car  or  caboose  attached  to  the  rear  of  such  train,  siiall  not  be  held  or 
construed  to  violate  the  provisions  of  this  act. 

Sec.  6.  The  railroad  commission  of  this  state  is  hereby  empowered  to  make, 
jniblish  and  promulgate  such  regulations  as  are  not  in  conflict  with  this  act  and  as 
in  the  judgment  of  said  commission  may  tend  to  the  safe  packing,  loading,  storage  and 
transportation  of  the  explosives  defined  by  section  one  of  this  act. 

Sec.  7.  It  shall  be  unlawful  to  transport,  carry  or  convey  liquid  nitroglycerine, 
fulminate  in  bulk,  in  dry  condition,  or  other  like  explosive  between  any  places  within 
this  state,  on  any  vessel,  ear  or  vehicle  of  any  description.  oi)erated  by  common 
carrier  in  the  transportation  of  passengers,  or  articles  of  commerce  by  land  or  water. 

Sec.  S.  Every  package  containing  explosives  or  other  dangerous  articles  when 
presented  to  a  common  carrier  for  shipment  shall  have  plainly  marked  on  the  outside 
thereof,  the  contents  thereon,  and  it  shall  be  unlawful  for  any  person  to  deliver  for 
transportation  to  any  common  carrier  engaged  in  commerce  by  land  or  water,  or  to 
cause  to  be  delivered  or  to  carry  any  explosive  or  other  dangerous  article,  under  any 
false  or  deceptive  marking,  description,  invoice,  shipping  order  or  other  declaration, 
or  without  informing  the  agent  of  such  carrier  of  the  true  charncter  rlien'of.  at.  or 
before  the  time  of  such  delivery  or  carriage  is  made. 

Sec.  0.  Any  person  who  wilfully  violates  or  causes  to  be  violated  any  of  the  fore- 
going provisions  of  sections  ">,  C).  7  and  S,  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  for  each  offense  by 
tine  not  exceeding  two  thousand  dollars,  or  by  imprisonment  not  exceeding  eighteen 
months,  or  l)y  both  such  fine  and  imprisonment  in  the  discretion  of  the  court. 

Sec.  10.  Every  person  selling,  giving  away,  or  delivering  explosives  within  I  his 
state,  shall  keep  at  all  times  an  accurate  journal  or  book  of  record,  in  which  must 
be  entered  from  time  to  time,  as  it  is  made,  each  and  every  sale,  delivery,  gift, 
or  other  disposition  made  by  such  person  in  the  course  of  business,  or  otherwise,  of 
any  quantity  of  sncli  explosive  substance.  Such  journal  or  record  book  must  show  in 
a  legible  handwriting,  to  be  entered  therein  at  the  time,  a  complete  history  of  each 
transaction,  stating  name  and  quantity  of  explosives  sold,  delivered,  given  away,  or 
.  otherwise  disposed  of ;  name,  place  of  residence,  and  business  of  the  purchaser  or 
transferee,  name  of  individual  to  whom  delivered,  with  his  or  her  address.  Such 
journal  or  record  book  must  be  kept  by  the  person  so  selling,  delivering  or  other- 
wise disposing  of  such  explosives,  in  his  or  their  principal  office  or  place  of  business, 
at  all  times  subject  to  the  inspection  and  examination  of  the  police  authorities  of  the 
state,  county  or  municipality  where  same  is  situated,  on  proper  demand  therefor.  In 
addition  to  keeping  the  record  above  provided,  it  shall  be  unlawful  for  any  person  to 
sell,  give  away  or  deliver  any  explosives  within  this  state,  without  taking  from  the 
person  to  whom  such  explosives  are  sold,  given  away  or  delivered  within  this  state,  a 
statement  in  writing,  showing  the  name  and  the  address  of  the  person  to  whom  sucli 
explosives  are  sold,  given  away  or  delivered,  and  the  place  where  and  the  purpose  for 
which  such  explosives  are  intended  for  use,  Avhich  statement  shall  be  signed  by  the 
person  to  whom  such  explosives  are  sold,  given  away  or  delivered  within  this  state,  a 
be  witnessed  by  two  witnesses,  known  to  the  person  selling,  giving  away  or  delivering 
such  explosives,  to  be  residents  of  the  county  where  such  explosives,  as  shown  by 
such  statement,  are  intended  for  use.  who  shall  certify  that  the  person  to  whom  such 
statement,  are  intended  for  use.  who  shall  certify  that  the  person  to  whom  sucii 
explosives  are  to  be  sold,  given  away  or  delivered  is  personally  known  to  each  of 
said  witnesses,  and  that  to  the  best  of  his  knowledge  and  belief,  the  explosives  are 
required  by  such  person  for  the  uses  and  purposes  set  forth  in  the  statement,  which 


MINING   LAWS.  65 

said  statement  shall  at  all  times  be  kept  on  file  in  the  principal  office  or  plac«  of 
business  of  the  person  so  selling,  giving  away  or  delivering  such  explosives,  subject 
to  the  inspection  of  the  police  authorities  of  the  state,  county  or  municipality  where 
the  same  is  situated,  on  proper  demand  made  therefor;  provided,  that  nothing  in 
this  section  shall  be  held  to  apply  to  the  delivery  of  explosives  to  any  person  or 
carrier  for  the  purpose  of  being  transported  from  a  place  within  this  state  to  any 
other  place  within  this  state;  and  provided,  further,  that  nothing  in  this  section 
contained  shall  apply  to  interstate  commerce. 

Every  person  selling,  giving  away  or  delivering  any  explosives  without  complying 
with  all  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  less  than  one  hundred  dollars,  and  not  more  than 
two  thousaud  dollars,  or  by  imprisonment  of  not  less  than  six  months,  or  by  both 
such  fine  and  imprisonment  in  the  discretion  of  the  court. 

In  addition  to  such  imprisonment  and  as  cumulative  penalty  such  person  so 
offending  shall  forfeit  for  each  offense,  the  sum  of  two  hundred  and  fifty  dollars,  to 
be  recovered  in  any  court  of  competent  jurisdiction,  and  the  party  instituting  the 
action  for  such  forfeiture  shall  not  be  entitled  to  dismiss  same,  without  the  consent 
of  the  court  before  which  the  suit  has  been  instituted ;  nor  shall  any  judgment 
recovered  be  set  aside,  satisfied  or  discharged  save  by  order  of  such  court,  after  full 
payment  into  court,  and  all  monejs  so  collected  must  be  paid  to  the  party  bringing 
suit 

Sec.  11.     Repealed ;  Chap.  53$,  Stats.  1917. 

Sec.  12.  No  person,  except  a  peace  officer  or  a  person  authorized  so  to  do  by  the 
owner  thereof,  or  his  agent,  shall  enter  any  explosive  manufacturing  plant,  magazine 
or  car  containing  explosives  in  this  state,  and  any  person  violating  any  of  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof,  shall  be  fined  in  an  amount  not  exceeding  one  thousand  dollars  or  by 
imprisonment  not  exceeding  three  months,  or  by  both  such  fine  and  imprisonment. 

Sec.  13.  No  person  shall  discharge  any  firearms  within  five  hundred  feet  of  any 
magazine  or  of  any  explosive  manufacturing  plant,  and  any  person  wilfully  violating 
any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and 
fined  not  exceeding  oen  thousand  dollars,  or  by  imprisonment  not  exceeding  one  year, 
or  by  both  such  fine  and  imprisonment. 

Sec.  14.  No  person  shall  wilfully  carry  any  explosive  on  his  person  within  this 
state  in  any  car,  vessel  or  vehicle  that  carries  passengers  for  hire,  or  place  or  carry 
any  explosive  while  on  board  any  such  car,  vessel  or  vehicle,  in  any  hand  baggage, 
roll  or  container,  or  place  any  explosive  in  any  baggage  thereafter  checked  with  any 
common  carrier  and  any  person  violating  any  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  felony  and  upon  conviction  thereof  shall  be  punished  by 
imprisonment  in  the  penitentiary  not  exceeding  two  years. 

Sec.  15.  Nothing  in  this  act  contained  shall  prevent  the  operation  of,  or  modify, 
alter,  set  aside  or  supersede  the  provisions  of  any  municipal  ordinance  respecting 
the  delivery,  storing  and  handling  of  explosives. 

Sec.  1G.  Nothing  in  this  act  contained  shall  regulate  or  apply  to  any  shipment 
of  explosives  from  a  point  within  this  state,  consigned  to  a  point  without  this  state, 
over  a  line  or  lines  of  one  or  more  common  carriers. 

REGULATION  OF  HOURS  OF  EMPLOYMENT. 

An  act  regulating  the  hours  of  employment  in  underground  mines,  underground 
workings,  whether  for  the  purpose  of  tunneling,  making  excavations,  or  to 
accomplish    any    other    purpose    or    design,    or    in    smelting    and    reduction    works. 

[Approved  May  30,  1913.] 

The  people  of  the  state  of  California  do  enact  as  follows: 

Section  1.     That  the  period  of  employment  for  all  persons  who  are  employed  or 
engaged   in    work    in   underground    mines   in    search   of   minerals,    whether   base   or 
precious,  or  who  are  engaged  in  such  underground  mines  for  other  purposes,  or  who 
5— ."a-iic 


(i()  (AI.IFOKNIA    SI'A'I'I-;     MIM\(;     l!l    l!i:.\l-. 

arc  eiuployed  or  engaged  in  any  oilier  undergiound  workings  whellier  for  tliu  i)uriJose 
of  tunneling,  making  excavations  or  to  aceomplish  any  oilier  purpose  or  design,  or 
who  are  employed  in  smelters  and  other  institutions  for  the  reduction  or  refining  of 
ores  or  metals,  shall  not  exceed  eight  hours  within  any  twenty-four  hours,  and  the 
hours  of  employment  in  such  employment  or  work  day  shall  be  consecutive,  excluding, 
however,  any  intermission  of  time  for  lunch  or  meals ;  provided,  that  in  case  of 
emergency  where  life  or  property  is  in  imminent  danger,  the  period  may  be  a  longer 
time  during  the  continuance  of  the  exigency  or  emergency. 

Sec.  2.  Any  person  who  shall  violate  any  provision  of  this  act,  and  any  person 
who  as  foreman,  manager,  director  or  officer  of  a  corporation,  or  as  the  employer 
or  superior  officer  of  any  person,  shall  command,  persuade  or  allow  any  person  to 
violate  any  provision  of  this  act,  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  (.$50.00)  nor  more 
than  three  hundred  dollars  ($300.00)  or  by  imprisonment  of  not  more  than  three 
months.  And  the  court  shall  have  discretion  to  impose  both  fine  and  imprisonment 
as  herein  provided. 

Sec.  3.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

PROVIDING  FOR  MINE  EXITS. 

An  act  requiring  compensation  for  causing  death  by  wrongful  act,  neglect  or  default. 
[Approved   April   26,    1862.] 

Section  1.  It  shall  not  be  lawful  for  any  corporation,  association,  owner,  or 
owners  of  any  quartz  mining  claim  within  the  state  of  California,  where  such 
corporation,  association,  owner  or  owners  employ  twelve  men  daily,  to  sink  down 
into  such  mine  or  mines  any  perpendicular  shaft  or  incline  beyond  a  depth  from 
the  surface  of  three  hundred  feet  without  providing  a  second  mode  of  egress  from 
such  mine,  by  shaft  or  tunnel,  to  connect  with  the  main  shaft  at  a  depth  of  not  less 
than  one  hundred  feet  from  the  surface. 

Sec.  2.  It  shall  be  the  duty  of  each  corporation,  association,  owner  or  owners  of 
any  quartz  mine  or  mines  in  this  state,  where  it  becomes  necessary  to  work  such 
mines  beyond  the  depth  of  three  hundred  feet,  and  whei'e  the  number  of  men 
employed  therein  daily  shall  be  twelve  or  more,  to  proceed  to  sink  another  shaft  or 
construct  a  tunnel  so  as  to  connect  with  the  main  working  shaft  of  such  mine  as  a 
mode  of  escape  from  underground  accident,  or  otherwise.  And  all  corporations, 
associations,  owner  or  owners  of  mines,  as  aforesaid,  working  at  a  greater  depth 
than  three  hundred  feet,  not  having  any  other  mode  of  egress  than  from  the  main 
shaft,  shall  proceed  as  herein  provided. 

Sec.  3.  When  any  corporation,  association,  owner  or  owners  of  any  quartz  mine 
in  this  state  shall  fail  to  provide  for  the  proper  egress,  as  herein  contemplated,  and 
where  any  accident  shall  occur,  or  any  miner  working  therein  shall  be  hurt  or  injured, 
and  from  such  injury  might  have  escaped  if  the  second  mode  of  egress  had  existed, 
such  corporation,  association,  owner  or  owners  of  the  mine  where  the  injuries  shall 
have  occurred  shall  be  liable  to  the  person  injured  in  all  damages  that  may  accrue  by 
reason  thereof;  and  an  action  at  law  in  a  court  of  competent  jurisdiction  may  be 
maintained  against  the  owner  or  owners  of  such  mine,  which  owners  shall  be 
jointly  or  severally  liable  for  such  damages.  And  where  death  shall  ensue  from 
injuries  received  from  any  negligence  on  the  part  of  the  owners  thereof,  by  reason 
of  their  failure  to  comply  with  any  of  the  provisions  of  this  act,  the  heirs  or 
relatives  surviving  the  deceased  may  commence  an  action  for  the  recovery  of  such 
damages. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  six  months  from  and  after 
its  passage. 


.MIXrN(i    LAWS.  67 

TELEPHONE  SYSTEM  IN  MINES. 

An    act    providing   for  the   establishment   and    maintenance   of  a   telephone   system    in 
mines    and    prescribing    a    penalty    for   the    violation    thereof. 

[Approved   June   13,    1913.] 

The  people  of  the  state  of  California  do  enact  as  follows: 

Section  1.  In  all  mines  operated  and  worked  in  this  state  where  a  depth  of 
more  than  five  hundred  feet  underground  has  been  reached  a  telephone  system 
must  be  established,  equipped  and  maintained  by  the  owners  or  lessees  thereof  with 
stations  at  each  working  level  below  the  depth  aforesaid,  communicating  with  a 
station  thereof  on  the  surface  of  any  such  mine. 

Sec.  2.  The  failure  or  refusal  of  any  owner  or  lessee  to  install  or  maintain  such 
telephone  system  shall  be  deemed  guilty  of  misdemeanor  and  punished  accordingly. 

FENCING  ABANDONED  SHAFTS. 

An  act  to  provide  for  the  covering  or  fencing  of  abandoned  mining  shafts,  pits  or 
excavations,  the  penalty,  and  also  the  penalty  for  removing  or  destroying  the 
covering   or  fencing   from   same. 

[Approved  March  20,   1903.] 

The    people   of   the    state    of    California,    represented   in    senate    and    assembly,    do 

enact  as  folloics: 

Section  1.  All  abandoned  mining  shafts,  pits  or  other  abandoned  excavations 
dangerous  to  passers-by  or  live  stock  shall  be  securely  covered  or  fenced,  and  kept  so, 
by  the  owners  of  the  land  or  persons  in  charge  of  the  same,  on  which  such  shafts,  pits 
or  other  excavations  are  located.  Any  person  or  persons  failing  to  comply  with  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  2.  All  abandoned  mining  shafts,  pits  or  other  excavations  situated  on 
unoccupied  public  lands  may  be  securely  covered  or  fenced  by  order  of  the  board  of 
supervisors  of  the  county  wherein  the  same  is  situated,  and  it  shall  be  the  duty  of 
the  board  of  supervisoi-s  to  keep  the  same  securely  fenced  or  covered  whenever  it 
appears  to  them,  by  proof  submitted,  that  the  same  is  dangerous  or  unsafe  to  man 
or  beast.    The  cost  of  said  covering  or  fencing  to  be  a  county  charge. 

Sec.  3.  Any  person  or  persons  maliciously  removing  or  destroying  any  covering 
or  fencing  placed  around  or  over  any  shaft,  pit  or  other  excavation,  as  hereinbefore 
provided,  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  4.     This  act  shall  take  effect  six  months  from  the  day  of  passage. 

MINE  REGULATIONS— COAL  MINES. 

[Stats.  1873-74,  page  726.] 

Section  1.  The  owner  or  agent  of  every  coal  mine  shall  make  or  cause  to  be 
made  an  accurate  map  or  plan  of  the  workings  of  such  coal  mine,  on  a  scale  of  one 
hundred  feet  to  the  inch. 

Sec.  2.  A  true  copy  of  which  map  or  plan  shall  be  kept  at  the  office  of  the  owner 
or  owners  of  the  mine,  open  to  the  inspection  of  all  i)erson.s,  and  one  copy  of  such 
map  or  plan  shall  be  kept  at  the  mines  by  the  agent  or  othei"  pei-son  having  charge 
of  the  mines,  open  to  the  inspection  of  the  workmen. 

Sec.  ."..  The  owner  or  agent  of  every  coal  mine  shall  provide  at  least  two  siiafts 
or  slopes,  or  outlets,  separated  by  natural  strata  of  not  less  than  one  hundred  and 
fifty  feet  in  breadth,  iiy  which  shafts,  slopes,  or  outlets  distinct  means  of  ingress  and 
egress  are  always  available  to  the  persons  employed  in  the  coal  mine:  provided,  that 
if  a  new  tunnel,  slope  or  shaft  will  be  required  for  the  additional  oi>ening,  work  upon 
the  same  shall  commence  immediately  after  the  passage  of  this  act.  and  continue 
until  its  final  completion,  with  reasonable  dispatch. 

Sec.  4.  The  owner  or  agent  of  every  c-oal  mine  shall  provide  and  establish  for 
evorj'  such  mine  an  adequate  amount  of  ventilation,  of  not  less  than  fifty-five  cubic 


68  CALIFORNIA    STATE    MINIXG    BUREAU. 

feet  per  second  of  pure  air,  or  thirty-three  hundred  feet  per  minute,  for  every  fifty 
men  at  work  in  such  mine,  and  as  much  more  as  circumstances  may  require,  which 
shall  be  circulated  through  to  the  face  of  each  and  every  working  place  throughout 
the  entire  mine,  to  dilute  and  render  harmless  and  expel  therefrom  the  noxious, 
poisonous  gases,  to  such  an  extent  that  the  entire  mine  shall  be  in  a  fit  state  for 
men  to  work  therein,  and  be  free  from  danger  to  the  health  and  lives  of  the  men  by 
reason  of  said  noxious  and  poisonous  gases,  and  all  workings  shall  be  kept  clear  of 
standing  gas. 

Sec.  5.  To  secure  the  ventilation  of  every  coal  mine,  and  provide  for  the  health 
and  safety  of  the  men  employed  therein,  otherwise  and  in  every  respect,  the  owner, 
or  agent,  as  the  case  may  be,  in  charge  of  every  coal  mine,  shall  employ  a  competent 
and  practical  inside  overseer,  who  shall  keep  a  careful  watch  over  the  ventilating 
apparatus,  over  the  air  ways,  the  traveling  ways,  the  pumps  and  sumps,  the  timber- 
ing, to  see  as  the  miners  advance  in  their  excavations  that  all  loose  coal,  slate,  or  rock 
overhead  is  carefully  secured  against  falling ;  over  the  arrangements  for  signaling 
from  the  bottom  to  the  top,  and  from  the  top  to  the  bottom  of  the  shaft  or  slope,  and 
all  things  connected  with  the  [and]  appertaining  to  the  safety  of  the  men  at  work 
in  the  mine.  He,  or  his  assistants,  shall  examine  carefully  the  workings  of  all  mines 
generating  explosive  gases,  every  morning  before  the  miners  enter,  and  shall 
ascertain  that  the  mine  is  free  from  danger,  and  the  workmen  shall  not  enter  the 
mine  until  such  examination  has  been  made  and  reported,  and  the  cause  of  danger,  if 
any,  be  removed. 

Sec.  G.  The  overseer  shall  see  that  hoisting  machinery  is  kept  constantly  in 
repair  and  ready  for  use,  to  hoist  the  workmen  in  or  out  of  the  mine. 

Sec.  7.     The  word  "owner"'  in  this  act  shall  apply  to  lessee  as  well. 

Sec.  8.  For  any  injury  to  person  or  property  occasioned  by  any  violation  of  this 
act,  or  any  wilful  failure  to  comply  with  its  provisions,  a  right  of  action  shall  accrue 
to  the  party  injured  for  any  direct  damage  he  or  she  may  have  of  the. overseer  of  any 
coal  mine,  he  shall  be  liable  to  conviction  of  misdemeanor,  and  punished  according  to 
law ;  provided,  that  if  such  wilful  failure  or  negligence  is  the  cause  of  the  death  of 
any  person,  the  overseer,  upon  conviction,  shall  be  deemed  guilty  of  manslaughter. 

Sec.  10.  All  boilers  used  for  generating  steam  in  and  about  coal  mines  shall  be 
kept  in  good  order,  and  the  owner  or  agent  thereof  shall  have  them  examined  and 
inspected  by  a  competent  boilermaker,  as  often  as  once  in  three  months. 

Sec.  11.     This  act  shall  not  apply  to  opening  a  new  coal  mine. 

WEEKLY  DAY  OF  REST. 

[Stats.  1893,   page  54.] 

Section  1.  Every  person  employed  in  any  occupation  of  labor  shall  be  entitled 
to  one  day's  rest  therefrom  in  seven,  and  it  shall  be  unlawful  for  any  employer  of 
labor  to  cause  his  employees,  or  any  of  them,  to  work  more  than  six  days  in  seven ; 
provided,  however,  that  the  provisions  of  this  section  shall  not  apply  to  any  case  of 
emergency. 

Sec.  2.  For  the  purposes  of  this  act,  the  term  day's  rest  shall  mean  and  apply  to 
all  cases,  whether  the  employee  is  engaged  by  the  day,  week,  month,  or  year,  and 
whether  the  work  performed  is  done  in  the  day  or  night  time. 

Sec.  3.  Any  person  violating  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor. 

MINERS*  HOSPITAL. 

[Stats.   ISSl,  page  SI.] 

Section  1.  There  shall  be  erected  as  soon  as  conveniently  may  be,  upon  some 
suitable  site,  a  public  hospital  and  asylum  for  the  reception,  care,  medical,  and 
surgical  treatment,  and  relief  of  the  sick,  injured,  disabled,  and  aged  miners  which 
shall  be  known  as  the  "California  State  Miners'  Hospital  and  Asylum." 


MINING    LAWS.  69 

Sec.  5.  Indigent  miners  shall  be  charged  for  medical  attendance,  surgical  opera- 
tions, board,  and  nursing  while  residents  in  the  hospital  and  asylum,  no  more  than 
the  actual  cost ;  paying  patients,  whose  friends  can  pay  their  expenses,  shall  pay 
according  to  the  terms  directed  by  the  trustees. 

Sec.  6.  The  sevei'al  boards  of  supervisors  of  counties,  or  any  constituted  authority 
in  the  state  having  care  and  charge  of  any  indigent  sick,  or  aged  person  or  persons, 
if  satisfactorily  proven  by  them  to  have  been  miners,  shall  have  authority  to  send  to 
the  "California  State  Miners'  Hospital  and  Asylum"  such  persons,  and  they  shall  be 
severally  chargeable  with  the  expenses  of  the  care,  maintenance,  and  treatment,  and 
removal  to  and  from  the  hospital  and  asylum  of  such  patients. 

LARCENY  OF  GOLD-DUST  AND  AMALGAM. 

An    act    supplementary    to    an    act    entitled    "An    act    concerning    crimes    and    punish- 
ments,"   passed    April    16,   1850. 

[Approved  March   20,    1872  ;    1871-2.   435.] 

Section  1.  Every  person  who  shall  feloniously  steal,  take  and  carry  away,  or 
attempt  to  take,  steal,  and  carry  from  any  mining  claim,  tunnel,  sluice,  under-current, 
riffle-box,  or  sulphurate  (sulphuret)  machine  any  gold-dust,  amalgam,  or  quick- 
pi  I  rer,  the  property  of  another,  shall  be  deemed  guilty  of  grand  larceny,  and  upon 
conviction  thereof  shall  be  punished  by  imprisonment  in  the  state  prison  for  any 
term  of  not  less  than  one  year  nor  more  than  fourteen  years. 

Sec.  2.     This  act  shall  be  in  force  from  and  after  its  passage. 

MINER'S  INCH  DEFINED. 

An  act  fixing  and  defining  a  miner's  Inch  of  water. 

[Approved  March  23,   1901.] 

The   people   of   the   state   of   California,   represented   in   senate   and   assembly,    do 

enact  as  follows: 

Section  1.  The  standard  miner's  inch  of  water  shall  be  equivalent  or  equal  to 
one  and  one-half  cubic  feet  of  water  per  minute,  measured  through  any  aperture  or 
orifice. 

Sec.  2.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

Sec.  3.     This  act  shall  be  in  effect  and  force  sixty  days  from  and  after  its  passage. 


70  CALirOItXIA    STATE    SIIXrXG    UTTRKAU. 

FORMS  FOR  LOCATION  NOTICES. 


The  follovviug  forms  for  mineral  location  notices  have  been  found  to  fill  the  require- 
ments of  the  statutes  : 

NOTICE  OF  QUARTZ   LODE   LOCATION. 

Notice  is  hereby  given,  That  I, ,  a  citizen 

of  the  United  States,  have  discovered  a  vein  of  rock  in  place,  carrying  gold,  silver, 
copper,  and  other  valuable  deposits,  upon  which  I  have  erected  a  discovery  monu- 
ment and  posted  this  notice,  as  hereinafter  set  forth ;  that  in  accordance  with  the 
provision  of  Chapter  6,  Title  32  of  Ihe  Revised  Statutes  of  the  United  States  and 
the  laws  of  the  State  of  California,  I  hereby  claim  fifteen  hundred  linear  feet  of 
said  vein,  measured  thereon  as  hereinafter  set  forth.     Said  discovery  was  made  on 

the day  of ,  19 Immediately  upon 

making  the  same,  and  on  the day  of ,  19 , 

I  erected  at  the  point  of  discovery,  a  substantial  monument,  consisting  of  a  mound 
of  rocks  and and  posted  thereon  this  notice. 

The  *  general  course  of  said  vein  is and I  claim  in 

length  thereon feet and feet from 

said  discovery  monument.     I  also  claim  three  hundred  feet  on  each  side  of  the  center 

of  the  vein.    This  vein  or  claim  shall  be  known  as  and  called  the 

It  is  situated  in Mining  District,  and 

in  t  Sec. ,  Tp. ,  R. ,  B.  and  M.,  in 

County,  California,  and  the  discovery  monument being  placed  about  § 


from 

That  the  following  is  a  description  of  said  location  as  marked  on  the  ground :  % 

commencing  at  the of  said  claim,  a 

from  which  initial  point  the  discovery  monument  is  dis- 
tant about feet  in  a direction; 

thence  || 


Dated  and  posted  on  the  ground,  this day  of 

,  19 


Witness 


Locator. 


♦Make  this  description  in  accordance  with  the  facts,  as  "The  general  course  of 
said  vein  is  north  and  south.  I  claim  in  length  thereon  500  feet  north  and  1,000  feet 
south  from   said  discovery  monument." 

flf  the  claim  is  upon  surveyed  land,  give  the  section,  township  and  range,  if  pos- 
sible.    This  is  not  required  by  law,  but  makes  a  much  better  description. 

§Here  refer  to  some  natural  object  or  permanent  monument  so  as  to  identify  the 
locality  of  the  claim,  in  compliance  with  section  2324,  Revised  Statutes  U.  S.  A  road, 
house,  tree,  known  mountain  or  peak,  government  corner,  mill,  or  known  mining 
claim,  are  such  objects  or  monuments.  As,  "About  one  mile  directly  east  from  John 
Doe's  quartz  mill  and  400  rods  west  from  the  Last  Hope  mine."  etc. 

JHere  state :  "Commencing  at  the  N.  E.  corner  of  said  claim,  a  mound  of  rocks 
4  ft  high,"  or  at  any  other  corner  or  point  in  the  boundary;  give  the  distance  and 
direction  from  this  initial  monument  to  the  discovery  monument,  and  then  locate  the 
discovery  with  reference  to  some  natural  object  or  permanent  monument. 

IIHere  follows  a  description  of  the  claim  from  the  initial  monument.  For  instance : 
"Thence  600  ft.  northwesterly  to  the  N.  W.  corner  of  said  claim,  at  which  point  Is 
a  mound  of  rocks  2*  ft.  high,  marked  so-and-so  (if  marked);  thence  1,500  ft.  south- 
westerly to  the  S.  w.  corner  of  said  claim,  being  a  mound  of  rocks,"  etc. ;  so  going 
around  the  claim  to  the  point  of  beginning. 


FOIiJIS    KOK    (.OCATIOX    NOTICES.  71 

NOTICE  OF  LOCATION  OF  PLACER  CLAIM. 

Notice  is  hereby  given.  That 

citizen of  the  United  States,  li this day  of 

,  19 discovered  a  valuable  placer  deposit  within  the  limits 

of  this  claim;  that  by  virtue  of  said  discovery, 

ha located,  and  hereby  locate  and  claim  the  following  described  land. 

situate  in Mining  District, County,  California,  to 

wit:  * of  section 

Township ,  Range ,  B.  and  M.,  containing 

acres.t     Said  claim  is  hereby  named Placer  Claim. 

Said  claim  is  marked  upon  the  ground  as  follows:  t 

This  notice  is  posted  on  a  mound  of  rocks  at  the  point  of  discovery,  situated   § 

Dated  and  posted  on  the  ground,  this day  of ,  19 

Locator. 


*Tbe  statute  provide.s  that  the  locator  must  give  "a  description  of  the  claim  by 
reference  to  legal  subrIivi."=ions  of  sections,  if  the  location  is  made  in  conformity  with 
the  public  surveys;  otherwise  a  description  with  reference  to  some  natural  object  or 
permanent   monument  as   will   identify   the  claim." 

fWhen  not  described  by  legal  subdivisions,  the  description  should  conform  to  that 
contained  in  the  final  certificate  of  location  of  a  lode  claim. 

JThe  statute  provides  that,  whether  described  by  legal  subdivisions  or  not,  thp 
location  shall  be  marked  by  the  locator  on  the  ground,  and  as  the  affidavit  to  be  filed 
later  is  not  required  to  contain  a  description  of  the  claim,  we  think  this  notice  should 
state  how  the  location  is  martced  :  as,  for  instance.  "At  the  N.  E.  corner  of  said  tract 
a  mound  of  rocks  3  ft.  high,  marked  so-and-so  (if  marked),  and  at  the  N.  "W.  corner 
a  stake  in  a  mound  of  rocks,  marked,"  etc.,  and  so  on  for  each  monument  enclosing 
the  claim. 

§Here  state  where  the  discovery  is  located,  as,  for  instance,  "20  feet  S.  W.  of  the 
N.  B.  corner  monument." 

Note:  A  duplicate  of  either  of  tliese  notices  must  be  filed  for  record  with  tlie 
county  recorder  within  30  days  from  tlie  discovery;  and  the  locator  is  allowed  30 
days  to  mark  his  location  on  tlie  ground. 

The  foregoing  form  of  i)laccr  notice  uuiy  he  used  for  location  of  all  depo.sils  wli'cii 

are  clast^od  under  placer  laws. 


72  CALIFORNIA    STATE    MINING    BURKAU. 

"BLUE  SKY  LAW." 


CHAPTER  532. 

An  act  providing  for  the  regulation  and  supervision  of  companies,  brokers,  agents, 
and  sales  of  securities  as  the  same  are  therein  defined,  and  to  prevent  fraud  In 
the  sale  of  securities;  providing  for  the  enforcement  of  said  act  and  penalties  for 
the  violation  thereof;  and  creating  a  state  corporation  department  and  the  office 
of  commissioner  of  corporations. 

[Approved  May  18,  1917.     In  effect  July  27,  1917.] 

The  people  of  the  State  of  Calif ornki  do  enact  as  follows: 

Section  1.     This  act  shall  be  known  as  the  "corporate  securities  act." 

Words  defined. 

Sec.  2.  Words  used  in  this  act  in  the  present  tense  include  the  future  as  well  as 
the  present ;  words  used  in  the  masculine  gender  include  the  feminine  and  neuter, 
and  in  the  neuter,  the  masculine  and  feminine  ;  the  singular  number  includes  the 
plural,  and  the  plural,  the  singular ;  "writing"  includes  "printing"  and  "typewrit- 
ing" ;  "oath"  includes  "affirmation"  ;  the  word  "county"  includes  "city  and  county"  ; 
and  "territory"  includes  "district."  The  following  words  have  in  this  act  the  signi- 
fication attached  to  them  in  this  section,  unless  otherwise  apparent  from  the  context : 

1.  The  word  "department"  means  the  "state  corporation  department"  created  by 
this  act. 

2.  The  word   "commissioner"   means   the   "commissioner  of  corporations." 

"Company." 

3.  The  word  "company"  includes  all  domestic  and  foreign,  private  corporations, 
associations,  joint  stock  companies,  and  partnerships,  of  every  kind,  and  also  trustees, 
as  hereinafter  defined  ;  excepting  therefrom  : 

(a)  All  national  banking  associations  and  other  corporations  organised  and  exist- 
ing under  and  by  virtue  of  the  acts  of  the  congress  of  the  United  States ; 

(6)  All  public  utilities  subject  to  the  jurisdiction,  control,  and  regulation  of  the 
railroad  commission  of  this  state  and  to  the  public  utilities  act ; 

(c)  All  corporations  transacting  a  banking  or  insurance  business  within  this 
state ; 

(rf)  All  corporations,  associations,  or  societies  transacting  business  under  the 
supervision,  examination,  and  license  of  the  bureau  of  building  and  loan  supervision ; 
and 

(e)  Everj-  corporation  organized  under  the  laws  of  this  state  exclusively  for  the 
purposes  provided  in  any  of  the  following  titles,  to  wit :  XIa,  XII,  Xlla,  XIV,  XXI, 
XXII,  of  Part  IV,  Division  Firet,  of  the  Civil  Code,  and  in  accordance  with  the 
provisions  of  such  titles. 

"Trust." 

4.  The  word  "trust"  as  used  in  this  act  includes  all  voluntary  trusts,  as  the 
same  are  defined  in  the  Civil  Code,  expressly  created  by  or  declared  in  an  instru- 
ment in  writing,  other  than  a  will  or  a  judicial  writ,  order,  decree,  or  judgment, 
to  carry  on  any  business  or  to  secure  the  payment  or  repayment  of  money. 

5.  The  word  "trustee,"  except  as  hereinafter  used  in  subdivision  9  of  this  section, 
includes  only  persons  or  companies  executing  trusts  as  hereinbefore  defined. 

"Security." 

6.  The   word   "security"   includes : 

(a)  All  shares  or  other  interests  or  rights  into  which  the  capital,  capital  stock, 
or  property  of  companies  or  rights  of  stockholders  or  members  therof  are  divided, 
including  all  treasury  shares  and  shares  of  their  own  capital  stock  purchased  or 
otherwise  acquired  by  companies  upon  delinquent  assessment  sales  or  in  anj'  other 
lawful  manner,  and  all  certificates  and  other  instruments  issued  by  them  or  their 
authority,  evidencing  or  representing  such  shares,  interests,  or  rights ; 

(6)  All  bonds,  debentures,  and  evidences  of  indebtedness  issued  by  any  company; 
and 

(c)  Any  instrument  i-ssued  or  offered  to  the  public  by  any  company,  evidencing 
or  representing  any  right  to  participate  or  share  in  the  profits  or  earnings  or  the 


BLUE   SKY    I/AW.  73 

distribution  of  assosts   of  anj'   business  carried   on   for  profit ;   excepting  therefrom 
the  following: : 

1.  Bills  of  exchange  and  promissory  notes  not  offered  to  the  public  by  the  drawer, 
maker,  or  undci writer  thereof,  and  all  mortgages  and  deeds  of  trust  of  property 
situated  in   this  state,  executed  to  secure  the  payment  thereof :  and 

2.  Any  security  Jisted  in  any  standard  manual  of  information,  as  to  which  the 
commissioner  shall  first  make  and  file  his  written  finding  to  the  effect  that  such 
secni-ity  is  fully  and  accurately  describe<l  in  such  manual  and  that  a  sale  thereof 
will  not.  in  his  opinion,  work  a  fraud  upon  the  pui-chaser  thereof;  pravid&l,  that 
if  such  finding  shall  thereafter  be  vacated  or  set  aside,  such  security  shall  not  there- 
after be  deemed  to  be  included  within  this  exception. 

"Sale." 

7.  A  "sale."  within  the  meaning  of  this  act,  includes  every  contract  by  which,  for 
a  pecuniary  consideration,  called  a  price,  one  transfers  to  another  an  interest  in 
property,  and  also  an  exchange,  a  pledge,  a  hypothecation,  and  any  transfer  in  trust 
or  otherwise  as  security  for  the  performance  of  an  obligation,  and  also  any  issue 
of  any  security  by  a  company  ;  and  the  word  "sell,"  as  used  in  this  act,  includes 
every  act  bj-  which  such  sale  is  made. 

"Agent." 

8.  The  word  "agent"  as  used  in  this  act  means  and  includes  every  person  or 
company  employed  or  apiwinted  by  a  company  or  a  broker  who  shall,  within  this 
state,  either  as  an  employee  or  otherwise,  for  a  compensation,  sell,  offer  for  sale, 
negotiate  for  the  sale  of.  or  take  subscriptions  for  any  security  of  any  company 
of  its  own  issue  offered  for  sale  by  it. 

"Broker." 

9.  The  word  "brokei'"  as  used  in  this  act  includes  every  person  or  company, 
other  than  an  agent,  who  shall,  in  this  state,  engage,  either  wholly  or  in  part,  in 
the  business  of  selling,  offering  for  sale,  negotiating  for  the  sale  of,  or  othenvise 
dealing  in  any  security  or  securities  issued  by  others,  or  of  underwriting  any  issue 
of  securities  or  of  purchasing  such  securities  with  the  purpose  of  reselling  them  or 
of  offering  them  for  sale  to  the  public  for  a  commission  or  at  a  profit ;  ercepting 
therefrom  the  following : 

(a)  Any  owner  of  any  security  who  is  not  the  issuer  or  an  underwriter  thereof, 
who  sells  or  exchanges  the  same  for  his  own  account ;  provided,  that  such  sale  or 
exchange  is  not  made  in  the  course  of  repeated  and  successive  transactions  of  like 
or  similar  character  by  him  ; 

(5)    Any  trustee  who.  in  such  capacity,  lawfully  disposes  of  any  property; 

(c)  Any  company  transacting  a  banking  or  insurance  business  in  this  state,  sell- 
ing a  security  for  an  owner  thereof  or  a  broker,  other  than  an  underwriter  thereof, 
at  a  commission  of  not  more  than  two  per  cent  of  the  par  or  face  value  thereof ; 
provided,  such  sale  is  not  made  in  the  course  of  repeated  and  successive  transactions 
of  like  or  similar  character  by  such  company  ; 

(</)  One.  not  the  issuer,  who  disposes  of  securities  to  a  broker  or  to  a  purchaser 
who.  as  a  part  of  his  regular  business,  purchases  such  securities ; 

(e)  Any  pledge  holder  selling,  in  good  faith  and  not  for  the  purpose  of  avoiding 
the  provisions  of  this  act.  and  in  the  ordinary  course  of  business,  a  security  pledged 
with  him  as  security  for  a  bona  fide  debt. 

"Actual    fraud." 

10.  The  words  "actual  fraud."  as  used  in  this  act.  are  defined  in  section  one  thou- 
sand five  hundred  seventy-two  of  the  Civil  Code. 

Permit   to   sell   securities. 

Sec.  3.  No  company  shall  sell,  except  uiwn  a  sale  for  a  delinquent  assessoment 
made  in  accordance  with  the  i)rovisions  of  Article  II  of  C'hapter  II  of  Title  I  of  Part 
TV  of  Division  First  of  the  Civil  Code;  or  offer  for  sale,  negotiate  for  the  sale  of. 
or  take  subscriptions  for  any  security  of  its  own  issue  until  it  shall  have  first  apphed 
for  and  secured  from  the  commissioner  a  permit  authorizing  it  so  to  do.  Such  appli- 
cation shall  be  in  writing,  shall  be  verified  as  iirovided  in  the  Code  of  Civil  Pro- 
cedure for  the  verification  of  i)leadings,  and  shall  be  filed  in  the  office  of  the  com- 
missioner. In  such  application  the  ai)plicant  shall  set  forth  the  names  and  ad- 
dresses of  its  officers,  the  location  of  its  office,  an  itemized  account  of  its  financial 
condition,  the  amount  and  character  of  its  a.ssets   and   liabilities,  a  detailed  state- 


74  ('.\T,iF()i{XFA  s'lwi'i':  .\ii.\i\(j   nri'iKAT'. 

nu'iit  of  Ur'  plan  upon  which  it  i)roi)osfs  to  Irausad  l)usincs.s,  a  coity  of  any  security 
it  ijroposes  to  issue,  a  copy  of  any  contract  it  i)roposes  to  make  concerning  the  same, 
a  copy  of  any  prospectus  or  advertisement,  or  other  description  of  such  securities, 
tlien  prepared  by  or  for  it  for  distribution  or  publication,  and  such  additional  infor- 
mation concerning  the  company,  its  condition  and  affairs  as  the  commissioner  may 
require.  If  the  applicant  is  a  partnership  or  an  unincori)orated  association  or 
joint  stock  company,  it  shall  file  with  its  application  a  copy  of  its  articles  of  partner- 
ship or  association,  and  all  other  papers  pertainin^^  to  its  organization.  If  the  appli- 
cant is  a  trustee,  it  shall  tile  with  its  application  a  copy  of  all  instruments  by 
which  the  trust  is  created  and  in  which  it  is  accepted,  acknowledged,  or  declared. 
If  the  api)licant  is  a  corporation,  it  shall  file  with  its  application  a  copy  of  all 
minutes  of  any  jjroceedings  of  its  directors  or  stockholders  or  members  relating  to 
or  affecting  the  issue  of  such  securities,  and  also  a  copy  of  its  articles  of  incorpora- 
tion and  of  its  by-laws  and  of  any  amendments  thereto.  If  the  applicant  is  a  cor- 
poration or  association  organized  under  the  laws  of  any  other  state,  territory,  or 
government,  it  shall  also  file  with  its  application  a  certificate,  executed  by  the 
proper  ofiicer  of  such  state,  territory,  or  government  not  more  than  thirty  days  be- 
fore the  filing  of  such  apijlication.  showing  that  such  applicant  is  authorized  to 
transact  business  in  such  state,  territory,  or  government ;  and  also,  in  such  form  as 
the  commissioner  may  prescribe,  its  written  instrument,  irrevocably  appointing  tin- 
commissioner  and  his  successor  in  office  its  true  and  lawful  attorney  uix>n  whom 
all  process  in  any  action  or  proceeding  against  it  may  be  served,  with  the  same 
effect  as  if  said  corporation  or  association  were  organized  or  created  under  the  laws 
of   this  state   and   had   been    lawfully   served   with   process   therein. 

Examination   of  application. 

Sec.  4.  T^pon  the  filing  of  such  application,  it  shall  be  the  duty  of  the  commis- 
sioner to  examine  it  and  the  other  papers  and  documents  filed  therewith,  and  he 
may.  if  he  deems  it  advisable,  make  or  have  made  a  detaile<l  examination,  audit, 
and  investigation  of  the  applicant  and  its  affairs.  If  he  finds  that  the  proposed 
plan  of  business  of  the  applicant  is  not  unfair,  unjust,  or  inequitable,  that  it  intends 
to  fairly  and  honestly  transact  its  business,  and  that  the  securities  that  it  proposes 
to  issue  and  the  methods  to  be  used  by  it  in  issuing  or  disposing  of  them  are  not 
such  as.  in  his  opinion,  will  work  a  fraud  upon  the  purchaser  thereof,  the  commis- 
sioner shall  issue  to  the  applicant  a  permit  authorizing  it  to  issue  and  dispose  of 
securities,  as  therein  ])rovided.  in  this  state,  in  such  amounts  and  for  such  considera- 
tions and  upon  such  terms  and  conditions  as  the  commissioner  may  in  said  permit 
Ijrovide.  Otherwise,  he  shall  deny  the  application  and  refuse  such  permit  and  notify 
the  api)licant  in  writing  of  his  decision.  Every  permit  shall  recite  in  bold  type  that 
the  issuance  thereof  is  permissive  only  and  does  not  constitute  a  recommendation 
or  endorsement  of  the  securities  permitted  to  be  issued.  The  commissioner  may 
impose  such  conditions  as  he  may  deem  necessary  to  the  issue  of  such  securities, 
and  shall  have  the  power  to  establish  such  rules  and  regulations  as  may  be  rea- 
sonable or  necessary  to  insure  the  disjjositiou  of  the  proceeds  of  such  securities  in 
the  manner  and  for  the  purposes  provided  in  such  permit,  and  may,  from  time  to 
time  for  cause,  amend,  alter,  or  revoke  any  i)ermit  issued  by  him.  or  temix)rarily 
suspend  the  rights  of  the  applicant  under  such  permit. 

Certificate    of    agent    or    broker. 

Sec.  .1.  No  person  or  company  shall  act  as  an  agent  or  broker  until  such  person 
or  company  shall  have  tirst  ap|)lied  for  and  secured  from  the  commissioner  a  cer- 
tificate, then  in  effect,  authorizing  such  person  or  company  so  to  do.  Every  such 
certificate  shall  expire  on  the  thirty-first  day  of  December  next  after  its  issuance. 
unless  sooner  revoked.  To  sec-ure  such  certificate,  the  applicant  shall  make  and  file 
in  the  office  of  the  commissioner  an  application  therefor  in  writing,  verified  by  or 
in  behalf  of  the  applicant.  In  such  application,  the  applicant  shall  set  forth,  in 
addition  to  such  other  inlormation  as  may  be  required  by  the  commissioner: 

1.  The  name  and  address  of  the  api)licant.  and.  if  it  be  a  corporation,  association, 
or  joint  stock  company,  the  name  and  address  of  each  of  its  manauing  officers  and 
agents,  and.  if  it  be  a  partnership,  the  name  and  address  of  each  of  the  partners; 

2.  A  succinct  statement  of  facts  showing  that  the  ai)i)licant.  and  its  managing 
officcH's  and  agents,  if  it  be  a  corporation,  or  members,  if  it  be  a  partnershii).  have  a 
U'ood    business    reputation  : 

.').  If  tlie  a]>plicant  is  a  broker.  Ilic  m'Ucral  plan  and  liiaradcr  uf  the  liusiness  of 
till'  apiilicaiit. 


BLUE    SKY    LAW.  75 

Fee. 

Fof  tiliiiji:  such  applitaliou.  the  applicant  shall  pay  a  fee  as  hereinafter  provided. 
If  the  applicant  is  a  corporation  or  association  organized  under  the  laws  of  any 
other  state*,  territory,  or  government,  it  shall  file  with  its  aj)plication  a  copy  of  its 
articles  of  incorporation  or  association,  toiiether  with  a  certificate  executed  by  the 
proper  officer  of  such  state,  territory,  or  jroxerumeut  not  more  than  thirty  days 
before  the  filinsr  of  such  api^lication,  showiujj  that  such  applicant  is  authorized 
to  transact  business  in  such  state,  territory,  or  government,  and  also,  in  such  form 
as  the  commissioner  may  prescribe,  its  written  instruminit.  irrevocably  appointini; 
the  commissioner  and  his  sucrcssor  in  office  its  true  and  lawful  attorney  ui)on  whom 
all  process  in  any  action  or  pnxeedinu:  against  it.  arisinjr  out  of  or  fouudinl  upon  the 
actual  fraud  of  such  api)licant  in  the  sale  of  securities  within  this  state,  may  be 
.served,  with  the  same  effect  as  if  said  corporation  or  association  were  organized  or 
created  uiuler  the  laws  of  this  state  and  had  been  lawfully  served  with  process 
ther(Mii. 

Certificate    issued. 

Sec.  <►.  The  commissioner  shall  examine  such  application,  and  shall  make  such 
further  investi,u:ation  of  the  applicant  and  its  affairs  as  he  shall  deem  advisable.  If, 
from  such  examination,  the  commissioner  shall  be  satisfied  of  the  j;ood  business 
reputation  of  the  applicant  and  of  its  officers  or  members,  if  any.  he  shall  issue 
such  certificate.  Otherwise,  he  shall  refuse  the  same  and  deny  the  application  and 
notif.v  the  applicant  of  his  decision.  The  commissioner  ma.v  at  an.v  time  revoke  an.v 
broker's  or  ajrent's  c-ertificate  issued  by  him  if  he  shall  find  that  the  holder  thereof 
is  of  bad  business  repute,  or  has  violated  any  provision  of  this  act,  or  has  engaged, 
or  is  about  to  engajre  in  any  fraudulent  transaction. 

Permit  to   sell   security. 

Skc.  7.  No  person,  partnership,  association,  or  corporation,  other  than  a  broker 
holding  a  broker's  certificate,  then  in  effect,  shall  issue,  circulate,  or  publish  any 
advertisement,  pamphlet,  prospectus,  or  circular  concerning  an.v  securit.v.  to  he  issued 
by  any  corapanj.  that  such  person,  partnership,  association,  or  corporation  desires 
or  proposes  to  sell,  until  the  company  proix)sing  to  issue  such  security  shall  have 
first  secured  from  the  commissioner  a  permit  authorizing  it  to  issue  or  sell  such 
security  ;  nor  shall  any  company,  broker,  or  agent,  or  any  other  person,  issue,  cir- 
culate, or  publish  any  advertisement,  pamphlet,  jirospectus.  or  circular  concerning 
any  security  sold  or  offered  for  sale  by  it.  unless  the  name  of  the  company,  broker, 
agent,  or  i)erson  issuing,  circulating,  or  publishing  the  same  shall  be  subscribed 
thereto,  and  a  true  copy  thereof  shall  have  been  first  filed  in  the  office  of  the  com- 
missioner, or  deposited  in  a  I'nited  State  post  office.  proi>erly  enclosed  in  a  sealed 
envelope,  addressed  to  the  commissioner  at  Sacramento.  California,  with  the  postage 
duly  prepaid  thereon  ;  nor  shall  any  company,  broker,  or  agent,  or  any  other  pei-sou. 
i.ssue.  circulate,  or  publish  any  such  advertisement,  pamphlet,  prospectus,  or  circular 
after  notice  in  writing  given  to  it  by  the  commissioner  that,  in  his  opinion,  the 
same  contains  any  statement  that  is  false  or  misleading  or  otherwise  likely  to  de- 
ceive a    reader  thereof. 

Report    by    company    on    sale    of   securities. 

Sec.  8.  Every  compan.v  avithorized  b.v  the  c-ommissioner  to  sell  securities  shall 
thereafter,  at  such  times  as  it  may  be  recpiired  by  the  commissioner,  make  and  file 
in  the  office  of  the  commissioner  a  report,  setting  forth,  in  such  form  as  commis- 
sioner may  prescribe,  the  securities  sold  by  it  under  the  authority  of  any  j)ermit 
issued  by  him,  the  j)roceeds  derived  therefrom,  the  disposition  of  such  proceeds,  and 
such  other  information  concerning  its  property,  officers,  or  affairs,  relating  to  or 
affecting   the   \alue   of  such  securities,   as   the   conunissioner   may   riMjuire. 

Statement  by  broker  on  sale  of  securities. 

Sec.  '.).  Every  broker  shall,  at  such  times  as  it  may  be  recpiired  by  the  commis- 
sioner, make  and  file  in  the  office  of  the  commissioner  a  true  and  correct  statement 
concerning  any  security  sold  or  offered  for  sale  by  such  broker,  showing  the  name 
and  location  of  the  principal  office  of  the  issuer  of  such  security;  the  names  of  its 
managing  officers,  if  it  is  a  corporation,  or  of  its  memlK-rs.  if  it  is  a  partnership: 
its  assets,  lialiilitit's.  and  issued  (•ai)ilal  stock,  at  the  close  of  its  fiscal  year  then 
last  ended,  or  at  a  lati-r  date  :  its  gross  inconu-.  expenses,  and  fixed  charg«'s  for  the 
.vear  next  jiieceding  such  date,  or  for  such  time  as  such  issuer  of  such  security  has 
transacted  business,   if  for  less  than   one  year,  and   the  approximate  price  at    which 


76  CALIFOENIA    STATE    MINING    BUREAU. 

such  broker  has  sohl  or  proposes  to  sell  such  security,  together  with  such  other  in- 
formation, of  which  the  broker  may  have  knowledge,  as  the  commissioner  may 
require. 

Papers  open  to  public  inspection. 

Sec.  10.  All  papers,  documents,  reports,  and  other  instruments  in  writing  filed 
with  the  commissioner  under  this  act  shall  be  open  to  public  inspection  ;  provided, 
that  if,  in  his  judgment,  the  public  welfare  or  the  welfare  of  any  company,  broker, 
or  agent  demands  that  any  portion  of  such  information  be  not  made  public,  he  may, 
in  his  discretion,  withhold  such  information  from  public  inspection  for  such  time  as 
in  his  judgment  is  necessary.  The  commissioner  may  at  any  time  give,  issue,  or 
make  public  any  iufonnation  concerning  any  company  or  any  contracts,  stocks,  bonds, 
or  other  securities  sold  or  offered  for  sale  within  this  state,  if  in  his  judgment 
the  giving,  issuing,  or  publishing  of  the  same  will  be  of  public  interest  or  advantage 
or  will  tend  to  prevent  the  fraudulent  sale  of  such  securities. 

Review  of  orders,   etc.,  of  commissioner. 

Sec.  11.  Every  order,  decision,  permit  or  other  official  act  of  the  commissioner 
shall  be  subject  to  review,  in  accordance  with  the  provisions  of  Chapter  I  of  Title 
I  of  Part  III  of  the  Code  of  Civil  Procedure;  and  any  party  aggrieved  by  any  such 
order,  decision,  or  permit  of  the  commissioner  may  appeal  therefrom  to  the  superior 
court  of  the  county  of  Sacramento,  by  sei'ving  upon  the  commissioner  a  notice  of 
such  appeal,  a  demand  in  writing  for  a  certified  transcript  of  all  the  papers  on  file 
in  his  office  affecting  or  relating  to  such  decision,  and  the  payment  of  the  fee  there- 
for, within  sixty  days  after  the  making  of  any  such  order,  permit,  or  decision. 
Thereupon,  the  commissioner  shall,  within  ten  days,  make  and  certify  such  transcript, 
and  the  appellant  shall,  within  five  days  thereafter,  file  the  same  and  the  notice  of 
appeal  with  the  clerk  of  said  court.  Upon  the  hearing  of  such  appeal,  the  burden 
of  proof  shall  lie  upon  the  appellant,  and  the  court  shall  receive  and  consider  any 
pertinent  evidence,  whether  oral  or  documentary,  concerning  the  action  of  the  com- 
missioner from  which  the  appeal  is  taken,  but  shall  be  limited  to  a  consideration  and 
determination  of  the  question  whether  there  has  been  an  abuse  of  discretion  on  the 
part  of  the  commissioner  in   making  such  order,  decision,  or  permit. 

Securities    void. 

Sec.  12.  Every  security  issued  by  any  company,  without  a .  permit  of  the  com- 
missioner authorizing  the  same  then  in  effect,  shall  be  void,  and  every  security  issued 
by  any  company,  with  the  authorization  of  the  commissioner  but  not  conforming  in 
its  provisions  to  the  provisions,  if  any,  which  it  is  required  by  the  pei'mit  of  the  com- 
missioner to  contain,   shall   be   void. 

Penalty    for    company    violating    act. 

Sec.  13.  Every  company  which  shall  directly  or  indirectly  issue  or  cause  to  be 
issued  any  security  contrary  to  the  provisions  of  this  act,  or  of  the  constitution  of 
this  state,  or  in  nonconformity  with  a  permit  of  the  commissioner  authorizing  the 
same,  or  which  applies  the  proceeds  from  the  sale  thereof,  or  any  part  thereof,  to 
any  purpose  other  than  the  purpose  or  purposes,  if  any,  specified  in  such  permit,  or 
to  any  purpose  specified  in  such  permit  in  excess  of  any  amount  limited  in  such 
permit  to  be  used  for  such  purpose,  shall  be  guilty  of  a  public  offense  and  shall  be 
punishable  by  a  fine  not  exceeding  ten  thousand  dollars. 

Penalty    for    officers,    etc. 

Sec.  14.  Every  officer,  agent,  or  employee  of  any  company,  and  everj'  other  per- 
son, who  knowingly  authorizes,  directs,  or  aids  in  the  issue  or  sale  of,  or  issues  or 
executes,  or  sells,  or  causes  or  assists  in  causing  to  be  issued,  executed,  or  sold,  any 
security,  in  nonconformity  with  a  permit  of  the  commissioner  then  in  effect  authoriz- 
ing such  issue,  or  contrary  to  the  provisions  of  this  act,  or  of  the  constitution  of 
this  state,  or  who,  in  any  application  to  the  commissioner,  or  in  any  proceeding  be- 
fore him,  or  in  any  examination,  audit,  or  investigation  made  by  him  or  his  author- 
ity, knowingly  makes  any  false  statement  or  representation,  or  who,  with  knowledge 
of  its  falsity,  files  or  causes  to  be  filed  in  the  office  of  the  commissioner  any  false 
statement  or  representation  concerning  such  company  or  the  property  which  it  then 
holds  or  proposes  to  acquire,  or  concerning  its  officers  or  its  financial  condition  or 
other  affairs,  or  concerning  its  proposed  plan  of  business,  or  who,  with  knowledge 
of  the  falsity  of  any  such  statement  or  representation,  issues,  executes,  or  sells,  or 
causes  to  be  issued,  executed,  or  sold,  any  security,  without  first  informing  the  com- 
missioner of  the  falsity  of  such  statement  in  writing,  or  who,  directly  or  indirectly, 


BLUE   SKY    LAW.  77 

knowiugly  applies,  or  caust-s  or  assists  iu  eausiug  to  be  applied,  the  pfoceeds,  or  any 
part  thereof,  from  the  sale  of  any  security  to  any  purpose  contrary  to  the  provisions 
of  the  permit  authorizing  the  issue  of  such  security,  or  to  any  purpose  specified  in 
such  permit  in  excess  of  any  amount  limited  iu  such  peniiit  to  be  used  for  such 
purpose,  or  who,  with  knowledge  that  any  security  has  been  issued  or  executed 
in  violation  of  any  of  the  provisions  of  this  act.  sells  or  offers  the  same  for  sale, 
or  who,  with  knowledge  that  any  advertisement,  pamphlet,  prospectus,  or  circular 
concerning  any  security  contains  any  statement  that  is  false  or  misleading,  or  other- 
wise likely  to  deceive  a  reader  thereof,  issues,  circulates,  or  publishes  the  same,  or 
shall  cause  the  same  to  be  issued,  circulated,  or  published,  or  who,  in  any  other 
respect,  wilfully  violates  or  fails  to  comply  with  any  of  the  provisions  of  this  act, 
or  who,  in  any  other  respect,  wilfully  violates  or  fails,  or  neglects  to  obey,  observe, 
or  comply  with  any  order,  permit,  decision,  demand,  or  requirement,  or  any  part 
or  provision  thereof,  of  the  commissioner  under  the  provisions  of  this  act,  is  guilty 
of  a  public  offense  and  shall  be  punished  i)y  imprisonment  in  the  state  prison  not 
exceeding  five  years,  or  in  a  county  jail  not  exceeding  two  years,  or  by  a  fine  not 
exceeding  five  thousand  dollars,  or  by  both  such  fine  and  imprisonment. 

State  corporation   department  created. 

Sec.  15.  There  is  hereby  created  a  state  corporatiou  department.  The  chief  officer 
of  such  department  shall  be  the  commissioner  of  corporations.  He  shall  be  appointed 
by  the  governor  and  hold  office  at  the  pleasure  of  the  governor.  He  shall  receive 
an  annual  salary  of  five  thousand  dollars,  to  be  paid  monthly  out  of  the  state 
treasury  upon  a  warrant  of  the  controller.  He  shall  within  fifteen  days  from  the 
time  of  notice  of  his  appointment  take  and  subscribe  to  the  constitutional  oath  of 
office  and  file  the  same  in  the  office  of  the  secretai-y  of  state  and  execute  to  the 
people  of  the  state  a  bond  in  the  penal  sum  of  ten  thousand  dollars  with  corporate 
security  or  two  or  more  sureties,  to  be  approved  by  the  governor  of  the  state,  for 
the  faithful  discharge  of  the  duties  of  his  office. 

Clerks    and    deputies.      Duty    of    attorney    general. 

Sec.  1G.  Tlie  commissioner  shall  employ  such  clerks  and  deputies  as  he  maj'  need 
to  discharge  in  proper  manner  the  duties  imposed  upon  him  by  law.  The  attorney 
general  shall  render  to  the  commissioner  opinions  upon  all  tjuestions  of  law,  relating 
to  the  construction  or  interpretation  of  this  act  or  arising  in  the  administration 
thereof,  that  may  submitted  to  him  by  the  commissioner,  and  shall  act  as  the 
attorney  for  the  commissioner  in  all  actions  and  proceedings  brought  by  or  against 
him  under  or  pursuant  to  any  of  the  provisions  of  this  act.  Neither  the  commis- 
sioner nor  any  of  his  clerks  or  deputies  shall  be  interested  in  any  company  which 
shall  have  applied  for  or  secured  a  permit  to  sell  securities,  or  in  any  broker,  or 
agent  as  a  director,  stockholder,  officer,  member,  agent,  or  employee.  Such  clerks 
and  deputies  shall  perform  such  duties  as  the  commissioner  shall  assign  to  them. 
He  shall  fix  the  compensation  of  such  clerks  and  deputies,  which  compensation  shall 
be  paid  monthly,  on  the  certificate  of  the  commissioner  and  on  the  warrant  of  the 
controller,  out  of  the  state  treasury.  Each  deputy  shall,  within  fifteen  dajs  after 
his  appointment,  take  and  subscribe  to  the  constitutional  oath  of  office,  and  file 
the  same  in  the  office  of  the  secretary  of  state. 

Powers  of  commissioner. 

Sec.  17.  The  commissioner  shall  at  all  times  have  the  power  to  administer  oaths 
and  to  make  an  examination  or  investigation  of  the  books,  records,  accounts,  and 
other  papers,  and  of  the  business  of  any  company,  l)roker,  or  agent  permitted  or 
authorized  by  him  to  sell  securities,  to  make  dividends,  to  create  debts,  to  divide, 
withdraw,  or  pay  to  the  stockholders,  or  any  of  them,  any  part  of  its  capital  stock, 
or  to  increase  or  reduce  its  capital  stock.  In  any  examination,  audit,  or  investiga- 
tion made  or  hearing  conducted  by  him,  he  shall  have  the  power  to  take  the  testi- 
mony of  any  witness  and  to  issue  subptcnas  requiring  the  attendance  upon  such 
examination,  audit,  investigation,  or  hearing  in  any  part  of  the  state  of  witnesses 
and  the  production  of  books,  documents,  and  other  things  under  thfir  control,  and 
in  any  such  case  to  take  or  cause  to  be  taken  the  deiKJsition  of  any  witness  residing 
within  or  without  this  state.  All  of  the  provisions  of  Chapter  II  of  Title  III  of 
Part  IV  of  the  Code  of  Civil  Procedure,  relating  to  the  means  of  production  of 
evidence  out  of  court,  shall  be  applicable  to  any  examination,  investigation,  or  hear- 
ing under  this  act.  Xo.  person  shall  be  excused  from  testifying  or  from  produc- 
ing any  book,  document,  or  other  thing  under  his  control  upon  any  such  examina- 
tion,  audit,   investigation,   or   hearing   upon   the   ground    that   his   testimony,   or   the 


7S  (•  Ai.iioi.'MA   sTAi'i:  .minim;   151  i;i:.vr. 

l)()ok,  clocimifut,  or  ollirr  lliiu!;-  rcfuiircd  of  liim,  inn.v  tend  to  iiie-rimiiialc  him,  or  may 
have  a  toiulency  to  stibjoct  him  lo  piiiiishmcnl  for  a  fcdony,  or  to  a  penalty  or 
forfcitiin* :  but  no  person  shall  W  prosocnlcd.  piinisluMl,  or  sui>jpcted  to  any  iwnalty 
or  forfeiture  for  or  on  account  of  any  act,  transaction,  matter,  or  thinj?  conceniing 
which  ho  shall  have  been  so  compelled  to  testify  under  oath,  or  to  produce  documen- 
tary or  other  evidence;  provided,  that  no  person  so  testifying  shall  be  exempt  from 
prosecution  or  punishment  for  perjury  if  committed  l)y  him  in  his  testimony.  The 
authority  to  make  or  conduct  any  such  examination,  audit,  investigation,  or  hearing, 
including  the  authority  to  adminster  oaths,  and  to  subpfx-na  witnesses  and  take 
their  testimony,  may  be  delegated  by  the  commissioner  to  any  deputy  or  examiner 
appointed  by  him  for  that  purpose.  Such  appointment  shall  be  made  by  an  instru- 
ment in  writing,  signed  by  the  commissioner  under  his  official  seal,  and  upon  such 
examination,  audit,  investigation,  or  hearing,  the  same  shall  be  produced  by  such 
deputy  or  examiner  at  any  time  niwn  demand  thei-efor. 

Service  of   process. 

Sec.  is.  In  any  action  or  proceeding  commenced  or  prosecuted  in  this  state 
against  any  coiijoration  or  association  which  shall  have  appointed  the  commissioner 
its  attorney,  as  provided  in  section  three  of  this  act,  and  in  any  action  or  proceed- 
ing commenced  or  prosecuted  in  this  state,  arising  out  of  or  founded  upon  the  actual 
fraud  of  any  corporation  or  association  which  shall  have  appointed  the  commissioner 
its  attorney,  as  provided  in  section  five  of  this  act,  service  of  process  may  be  made 
upon  the  commission.  In  any  such  case,  the  commissioner  shall  forthwith  forward 
by  mail,  postage  ]n-epaid.  to  the  person  designated  by  such  corijoration  or  association 
by  an  instrument  in  writing  duly  executed  by  it  and  filed  with  the  commissioner,  at 
the  address  stated  in  such  instrument,  or.  if  no  such  designation  has  been  made,  to 
the  secretary  of  such  coi-poration  or  association  at  its  last  known  jxist-office  address, 
a  copy  of  .such  process ;  whereupon,  and  upon  the  payment  of  the  fee  herein  pro- 
vided for,  service  of  such  process  upon  such  company  shall  be  deemed  to  be  com- 
plete and  to  be  personal  service  upon  such  corporation  or  association,  with  the  same 
effect  as  if  said  corporation  or  association  were  organized  or  incorporated  under  the 
laws  of  this  state  and  had  been  lawfully  served  with  process  therein.  The  certificate 
of  the  commissioner,  under  his  official  seal,  of  such  service,  shall  be  competent  and 
sufficient  proof  thereof. 

Officers. 

Sec.  10.  The  commissioner  shall  have  his  principal  office  in  the  city  of  Sacra- 
mento, and  may  establish  branch  offices  in  the  city  and  county  of  San  Francisco 
and  in  the  city  of  Los  Angeles,  and  he  shall  from  time  to  time  obtain  the  neces- 
sary furniture,  stationery,  fuel,  light,  and  other  proper  conveniences  for  the 
transaction  of  business  of  the  department ;  the  expenses  of  which  shall  be  paid  out 
of  the  .state  treasury  on  the  certificate  of  the  commissioner  and  the  warrant  of  the 
controller. 

Fees. 

Sec.  20.     The  commissioner  shall  charge  and  collect  the  following  fees : 

1.  For  filing  any  application  for  a  permit  to  issue  securities,  ten  dollars,  plu.s — • 
One  twentieth  of  one  per  cent  of  the  amount  of  any  excess  of  the  aggregate  value 

of  the  securities  sought  to  be  issued  over  twenty  thousand  dollars  and  not  exceeding 
fifty  thousand  dollars  ; 

One  twenty-fifth  of  one  i>er  cent  of  such  amount  in  excess  of  fifty  thousand  dollars 
and  not  exceeding  one  hundred  thousand  dollars ; 

One  fiftieth  of  one  i)er  cent  of  such  amount  in  excess  of  one  hundred  thousand 
dollars  and  not  exceeding  five  hundred  thousand  dollars;  and 

One  one-hundredth  of  one  per  cent  of  such  amount  in  excess  of  five  hundred 
thousand  dollars. 

The  value  of  such  securities  shall  be  deemed  to  be  their  par  or  face  value,  if  they 
have  a  par  or  face  value;  otherwise,  the  price  at  which  the  company  proposes  to 
sell  or  issue  the  same,  or  the  value,  as  alleged  in  the  application,  of  the  consideration 
(if  other  than  money)   to  be  received  in  exchange  therefor. 

2.  For  filing  any  application  for  a  permit  or  other  authority  to  make  dividends, 
create  debts,  or  to  divide,  withdraw,  increase,  reduce  or  pay  to  the  stockholders,  or  any 
of  them,  the  capital  stock,  or  any  part  thereof,  the  same  amount  that  would 
(Otherwise  be  chargeable  or  collectible  if  such  application  were  for  a  permit  to  issue 
securities :  provided,  that  in  any  such  case  the  value  shall  be  determined  by  the 
amount  of  dividends  made,  debts  created,  or  capital  stock  divided,  withdrawn,  in- 
creased,  reduced,  or  paid. 


BLI'E    SKV    LAW.  79 

."..   l'"oi-  liliiii;  Miiy  Mppliciilinii  for  ;v  ln'okcr's  ccii  iliciili'.  live  dolhirs. 

4.   For  tiliiis  :\u\  MpplicMt ion  for  an  agent's  ccrtiticatc.  one  dollar. 

."(.  For  an.v  i-xaniination.  andit.  or  investigation,  ten  dollars  \h-v  day  or  fraction 
thereof,  if  made  by  the  conunissioner.  or  the  actual  amount  of  the  salary  or  other 
compen.sation.  not  exceedinjr  ten  dollars  ])er  day.  i)aid  to  any  dei)Uty  or  other  employee 
of  the  coniniissioner.  if  made  by  a  deputy  or  other  employee,  for  each  day  or  fraction 
thereof  that  such  commissioner.  dei)uty,  or  other  employw  shall  necessarily  Iw  absent 
from  his  office  for  the  purjiose  of  making  such  examination,  audit,  or  investigation, 
plus  the  actual  amount  of  travelinj;-  expenses  reasonably  incurred  in  the  perfomiance 
of  such  work. 

(i.  For  coi)ies  of  papers  and  records  noi  n'(iuired  to  be  certified  or  otherwise 
authenticated  by  the  commis.siouer.  ten  cents  for  each  folio. 

7.  For  certitiod  coi)i(s  (;f  oflicial  docunienls.  orders,  and  other  pai)ers  filed  in  his 
office;  for  making  and  mailing:  copies  of  process  served  upon  him  under  the  pro- 
visions of  section  eijjhteen  of  this  act,  and  for  tran.scripts  on  appeal,  fifteen  cents  for 
each  folio  and  one  dollar  for  ciuli  certificate  under  seal  affixed  thereto. 

8.  For  certificate  of  service  and  mailinij  of  process  ser\'ed  ui)on  the  commissioner 
under  the  provisions  of  section  eifrhteen  of  this  act,  two  dollars. 

No  fees  shall  be  charired  or  collected  for  copies  of  papers,  i-ecords,  or  official 
documents  furnished  to  public  officers  for  use  in  their  official  capacity  or  for  the 
rei>orts  of  the  commissioner  in  the  ordinary  course  of  distribution  ;  but  the  com- 
missioner may  fix  a  reasonable  cbarsc  for  i)ublications  issued  under  his  authority. 

"Corporation   commission  fund." 

All  fees  charged  and  collected  under  this  section  shall  l»e  i)aid  at  least  once  each 
week,  accompanied  liy  a  detailed  statement  thereof,  into  the  treasury  of  the  state  to 
the  credit  of  a  fund  to  be  known  as  the  "(•orimration  commission  fund,"  which  fund 
is   hereby   created. 

Appropriated   for    use    of   commissioner. 

Skc.  21.  All  moneys  which  shall  be  paid  into  the  state  treasurj'  and  credited  to 
the  "corporation  commission  fund"  are  hereby  appropriated  to  be  used  by  the  com- 
missioner in  carrying  out  the  i)rovisions  of  this  act ;  and  the  controller  shall  draw 
his  warrant  on  said  fund  from  time  to  time  in  favor  of  the  commissioner  for  the 
amounts  expended  under  his  direction,  and  the  treasurer  shall  pay  the  same.  The 
commissioner  may.  with  the  consent  of  the  board  of  control,  withdraw  from  said 
fund  a  sum  not  exceeding  one  thousand  dollars,  to  be  used  as  a  revolving  fund  where 
cash  ad\ances  are  necessary.  The  conunissioner  must  account  for  the  sum  withdrawn 
for  said   revolving  fund  at  any  time  upon  demand  of  the  board  of  control. 

Seal. 

Sec.  22.  The  commis-sioner  shall  adopt  a  seal  bearing  the  following  inscription  : 
"Commissioner  of  Corporations  State  of  California."  The  seal  shall  be  affixed  to  all 
writs,  orders,  permits,  and  certificates  issiied  by  him.  and  to  such  other  instnimenis 
as  he  shall  direct.     All  courts  shall  take  judicial  notice  of  said  seal. 

Copies    of    orders,    etc. 

Skc.  23.  The  commissioner  ma.\'  execute  in  duplicate  any  order,  linding.  or  permit 
issued  by  him.  and  each  of  such  i>arts  shall  be  deemed  to  be  an  oriuinal.  An  original 
of  every  such  order,  finding,  or  |)ermit  shall  be  retained  and  ]»reserved  l)y  him  in  his 
office.  Copies  of  all  documents,  orders,  and  permits  made,  executed,  or  issued  by  the 
commissioner,  and  of  all  papers  filed  in  his  office,  when  certified  by  the  commissioner 
under  his  official  seal,  shall  be  received  in  evid«'nce  in  all  cases  in  like  manner  and 
with  tlie  same  effect  as  the  originals.  Any  order  or  permit  issued  by  the  commis- 
sioner, or  a  copy  thereof  certifietl  by  the  commissioner  under  his  official  seal,  to  be 
a  true  copy  of  the  original  order  or  jiermit,  ma.v  be  recorded  in  the  office  of  the  county 
recorder  of  the  county  in  which  is  locatt'd  the  principal  plac«^  of  business  of  the 
company  affected  thereby  or  in  which  is  situated  any  property  of  such  company, 
and  such  record  shall  impart  notice  of  such  order  or  i)(>rmit.  and  of  all  its  provisions, 
to  all  persons.  A  certificate  under  the  seal  of  the  commissioner  that  any  such  order 
or  permit  has  not  been  amended,  alteri'd.  revoked,  or  suspended  may  also  be  recorded 
in  the  same  offices  and  with  like  effect. 

Official   reports  prima  facie  evidence. 

Sec,  24.  Every  official  report  made  by  the  commissioner,  and  every  re|>ort,  duly 
v<>rified.  made  to  him  by  any  deputy,  ch-rk.  or  other  person  emi)loyed  by  him,  of  any 


80  CALIFORNIA    STATE    MINING    BUREAU. 

oxamiuatiou,  audit,  or  investigaCiou  made  by  him  or  under  his  direction,  and  copies 
of  sucii  reports,  certified  by  the  commissioner,  shall  be  prima  facie  evidence  of  the 
facts  therein  stated  for  all  purposes  in  any  action  or  proceeding  wherein  any  com- 
pany, broker,  aj^ent,  or  the  commissioner  is  a  party. 

Subscription  for  shares  prior  to  incorporation. 

Sec.  25.  Neither  this  act  nor  any  provision  hereof  shall  be  deemed  to  prohibit 
subscriptions  for  shares  of  a  corporation  made  prior  to  the  incoiiioratiou  thereof 
and  set  forth  in  its  articles  of  incorporation  ;  but  such  subscriptions  shall  be  deemed 
to  have  been  made  and  accepted  uix)n  the  condition  that  such  corporation,  when  in- 
corpoi"ated,  shall  with  reasonable  diligence  apply  for  and  secure  from  the  com- 
missioner a  permit  authorizing  the  issue  of  the  shares  so  subscribed  for,  in  accordance 
with  such  subscriptions.  The  directors  or  trustees  named  in  the  articles  of  incor- 
poration may,  prior  to  the  issue  of  any  shares,  organize  by  the  election  of  a  president, 
who  must  be  one  of  their  number,  a  secretary  and  a  treasurer;  and  such  directors, 
or  a  majority  of  them,  or  such  president  and  secretary  may,  in  the  name  of  and  in 
behalf  of  the  incorporation,  present  an  application  to  the  commissioner  as  herein 
provided. 

Acts  continued. 

Sec.  26.  This  act,  in  so  far  as  it  does  not  add  to,  take  from,  or  alter  an  act  en- 
titled "An  act  to  define  investment  companies,  investment  brokers,  and  agents;  to 
provide  for  the  regulation,  supervision  and  licensing  thereof ;  to  provide  penalties  for 
the  violation  thereof;  to  create  the  office  of  commissioner  of  corporations,  and  mak- 
ing an  appropriation  therefor,"  approved  May  28,  1913,  as  amended  by  an  act  entitle<l 
"An  act  to  amend  section  three  of  an  act  entitled  "An  act  to  define  investment 
companies,  investment  brokers,  and  agents ;  to  provide  for  the  i-egulation,  supervision 
and  licensing  thei'eof  ;  to  provide  penalties  for  the  violation  thereof ;  to  create  the 
office  of  commissioner  of  corporations,  and  making  an  appropriation  therefor,'  ap- 
proved May  28,  1913,"  approved  June  3,  1915,  shall  be  construed  as  a  continuation 
thereof. 

Decisions,    etc.,    continued    In    force. 

All  decisions,  orders,  rules,  findings,  certificates,  or  permits  heretofore  made  or 
issued,  and  acts  done  by  the  commissioner,  shall  continue  in  force  and  have  the 
same  effect  as  if  they  had  been  lawfully  made,  Lssued,  or  done  under  the  provisions 
of  this  act. 

Appeals  not  affected. 

This  act  shall  not  affect  any  appeal  pending  from  any  decision  of  the  commissioner, 
or  any  proceeding  to  which  he,  in  his  official  capacity,  is  a  party  ;  but  the  same  may 
be  pi'osecuted  or  defended  with  the  same  effect  as  if  this  act  had  not  been  passed. 
Any  examination,  audit,  or  investigation  undertaken,  commenced,  or  prosecuted  prior 
to  the  taking  effect  of  this  act  may  be  conducted  to  a  final  detei-mination  in  the  same 
manner  and  with  the  same  effect  as  if  it  had  been  undertaken,  commenced,  or 
prosecuted  under  the  provisions  of  this  act,  and  in  the  manner  herein  provided.  No 
action  or  proceeding,  either  civil  or  criminal,  or  cause  of  action  arising  under  any 
law  of  this  state  shall  abate  by  reason  of  the  passage  of  this  act,  but  actions  or 
proceedings  may  be  commenced  and  prosecuted  upon  such  causes  in  the  same  manner 
and  with  the  same  effect  as  if  this  act  had  not  been  passed. 

Foreign    and    interstate   commerce. 

Sec.  27.  Neither  this  act  nor  any  provision  hereof  shall  apply  to  or  be  construed 
as  a  regulation  of  commerce  with  foreign  nations  or  among  the  several  states,  except 
in  so  far  as  the  same  may  be  i>eniiitted  under  the  provisions  of  the  constitution 
and  the  acts  of  the  congress  of  the  United  States. 

Constitutionality. 

Sec.  28.  If  any  section,  subsection,  sentence,  clause,  or  phrase  of  this  act  is  for 
any  reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of 
the  remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would 
have  passed  this  act,  and  each  section,  subsection,  sentence,  clause,  and  phrase  thereof 
irrespective  of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences, 
clauses,  or  phrases  be  declared  unconstitutional. 

Sec.  29.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act 
are  hei'eby  repealed. 


WATER    COMMISSION    LAW.  81 

WATER  COMMISSION  ACT. 


CHAPTER  58C. 

An  act  to  regulate  the  use  of  water  which  Is  subject  to  such  control  by  the  state  of 
California,  and  in  that  behalf  creating  a  state  water  commission;  specifying  and 
providing  for  the  appointment  of  the  members  of  said  commission;  fixing  the 
terms  of  office  and  compensation  of  the  members  of  said  commission;  fixing  the 
powers,  duties  and  authority  of  said  commission  and  Its  members;  providing  for 
the  filling  of  vacancies  in  the  membership  of  said  commission;  providing  for  the 
removal  from  office  of  the  appointed  members  of  said  commission;  providing  fer 
the  cooperation  of  courts  with  said  commission;  providing  that  certain  courts 
shall  take  judicial  notice  of  certain  acts  of  the  state  water  commission;  specifying 
the  duties  of  all  persons  summoned  as  witnesses  before  said  commission  or  any 
of  its  members;  appropriating  money  for  carrying  out  the  provisions  of  this  act; 
providing  for  the  payment  of  the  Indebtedness  and  expenses  of  said  commission, 
its  members  and  employees;  declaring  what  water  is  unappropriated;  providing 
for  the  utilization  of  water  and  the  works  necessary  to  such  utilization  to  the  full 
capacity  of  streams  or  of  such  portion  or  portions  of  such  capacity  as  the  public 
good  may  require;  declaring  what  water  may  be  appropriated;  declaring  that  the 
nonappiication  for  ten  consecutive  years  of  any  portion  of  the  waters  of  any 
stream  to  lands  riparian  to  such  stream  shall  be  conclusive  presumption  that  the 
use  of  such  nonapplled  water  is  not  needed  on  said  riparian  lands  for  a  useful  or 
beneficial  purpose;  declaring  that  such  nonapplled  water  shall  be  deemed  to  be 
in  the  use  of  the  state  and  subject  to  appropriation;  declaring  the  duties  of  those 
who  desire  to  appropriate  water;  declaring  the  periods  for  which  water  may  be 
appropriated  and  the  conditions  under  which  water  may  be  appropriated;  provid- 
ing for  the  payment  of  fees  and  charges  by  the  applicants  for  permission  \o 
appropriate  water  and  by  the  appropriators  of  water;  providing  for  the  ascertain- 
ment and  adjudication  of  water  rights;  providing  for  the  bringing  of  actions  by 
certain  persons,  or,  upon  the  direction  of  the  state  water  commission,  by  the 
attorney  general,  for  the  quieting  of  title  to  water  rights;  specifying  certain 
duties  of  the  claimants,  possessors  or  users  of  water  or  water  rights;  declaring 
water  rights  forfeited  under  certain  conditions;  regulating  the  appropriation  of 
water;  excepting  cities,  cities  and  counties,  municipal  water  districts.  Irrigation 
districts  and  lighting  distrcts  from  certain  provisions  of  this  act;  defining  certain 
words  and  terms  used  in  this  act;  repealing  all  acts  or  parts  of  acts  in  conflict 
with  this  act;  declaring  how  this  act  shall  be  known;  making  legislative  declara- 
tion concerning  those  parts  of  this  act  which  may  not  be  declared  unconstitu- 
tional. 

[Approved  June  16,  1913.     Amended  1915.     Amended  1917.1 
The  people  of  the  state  of  California  do  enact  as  follo^cs: 

Section  1.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  a  state 
water  commission  consisting  of  five  persons  is  hereby  created  and  established.  Two 
members  of  said  commission  shall  be.  ex  officio,  the  governor  of  the  state  and  the 
state  engineer,  respectively.  Three  members  of  said  commission  shall  be  appointed 
by  the  governor  for  the  term  of  four  years  ;  provided,  however,  that  of  the  members 
first  appointed  one  shall  be  appointed  to  hold  office  until  the  first  day  in  January, 
nineteen  hundred  and  fourteen,  one  until  the  first  day  in  January,  nineteen  hundred 
and  fifteen,  and  one  until  the  first  day  in  January,  nineteen  hundred  and  sixteen. 
Such  appointive  commissioners  shall  be  men  of  practical  knowledge  or  experience  in 
the  application  and  use  of  waters  for  irrigation,  mining  and  municipal  purposes,  and 
shall  be  so  appointed  that  at  least  one  thereof  shall  have  had  practical  knowledge 
and  experience  in  the  use  of  water  for  agricultural  puii^oses,  and  one  thereof  shall 
have  had  practical  knowledge  and  experience  in  the  use  of  water  for  mining  purposes, 
and  one  thereof  shall  have  had  practical  knowledge  and  experience  in  the  use 
of  water  for  municipal  purposes.  The  commissioners  shall  elect  one  of  their 
number  president  of  the  commission.  The  apiK)inted  members  of  said  commission 
shall  each  receive  as  compensation  for  his  services  the  sum  of  five  thousand  dollars 
per  annum.  No  commis-sioner  who  is  directly  or  indirectly  interested  in  any  matter 
before  the  commission  shall  sit  with  the  commission  during  the  hearing  of  such 
matter;  nor  shall  he  be  detaile<l  by  the  commission  to  investigate  or  report  on  any 
such  matter;  nor  shall  he  take  part  in  any  determination  of  any  such  matter.  But 
the  governor  shall  have  the  power  and  authority,  upon  request  of  the  commission, 
to  appoint  pro  tempore  some  disinterested  person  to  sit  and  act  in  the  place  and 
stead  of  such  interested  commissioner.  Such  pro  tempore  commissioner  shall  have 
compensation  for  the  time  of  service  equal  to  the  compensation  of  a  commissioner 


82  CALIFORNIA    STATE    MINIXG    BUREAU. 

during  such  service  and  sliall  bare  the  power  and  authority  of  the  same,  only  in  the 
matter  for  the  iuvostigatiou  and  determination  of  which  he  shall  have  been  apiwiuted 
and  his  eounection  with  the  commission  shall  cease  and  determine  upon  the  com- 
pletion of  the  investigation  and  determination  for  which  he  was  appointed.  But  the 
commissioner  in  whose  place  and  stead  he  sits  shall  have  power,  compensation  and 
authority  in  all  other  cases. 

Sec.  2.  Whenever  a  vacancy  in  the  state  water  commission  shall  occur,  the  gov- 
ernor shall  forthwith  appoint  a  qualified  person  to  fill  the  same  for  the  unexpired 
term.  The  legislature,  by  a  two-thirds  vote  of  all  members  elected  to  each  house,  or 
the  governor,  may  remove  any  one  or  more  of  the  appointed  commissioners  from  oflSce. 
The  commission  shall  have  a  seal  bearing  the  following  in.scriptiou  :  State  water 
commission  of  California.  The  seal  shall  be  affixed  to  all  authentications  of  copies 
of  records  and  to  such  other  instruments  as  the  coinmissiou  may  direct.  All  courts 
shall  take  judicial  notice  of  said  seal. 

Sec.  3.  A  majority  of  the  apix)inted  commissioners  shall  constitute  a  quorum  for 
the  transaction  of  any  business,  for  the  performance  of  any  duty,  or  for  the  exercise 
of  any  power  of  the  commission.  No  vacancy  in  the  commission  shall  impair  the 
right  of  the  remaining  commissioners  to  exercise  all  the  iwwei's  of  the  commission. 
The  act  of  a  majority  of  the  commissioners  present,  when  in  session  as  a  board, 
shall  be  deemed  to  be  the  act  of  the  commission  ;  but  any  investigations,  inquiry  or 
hearing  which  the  commission  has  power  to  undertake  or  hold  may  be  undertaken 
or  held  by  or  before  any  commissionei*s  or  commissioner  designated  for  the  pifi"pose 
by  the  commission  ;  and  eveiy  finding,  order,  ascertainment  or  decision  made  by  the 
commissioners  or  the  commissioner  so  designated  pursuant  to  such  investigation, 
inquiry  or  hearing,  when  approved  by  the  commission  and  ordered  .filed  in  its  oflBce, 
shall  be  and  be  deemed  to  be  the  finding,  order,  ascertainment  or  decision  of  the 
commission. 

Sec.  4.  («)  Each  commissioner  shall  have  power  to  administer  oaths,  certify 
lo  all  official  acts,  and  to  issue  subpoenas  for  the  attendance  of  witnesses  and  the 
production  of  paijers,  books,  maps,  accounts,  documents  and  testimony  in  any  in- 
quiiy,  investigation,  heariug-,  ascertainment  or  proceeding  ordered  or  undertaken 
by  the  commission  in  any  part  of  the  state.  Each  witness  who  shall  appear  by 
order  of  the  commission  or  any  commissioners  or  a  commissioner  shall  receive  for  his 
attendance  the  same  fees  and  mileage  allowed  by  law  to  witnesses  in  civil  cases,  which 
amount  shall  be  paid  by  the  party  at  whose  request  such  witness  is  subi>oenaed.  When 
any  witness  who  has  not  been  required  to  attend  at  the  request  of  any  party  shall 
be  subpcenaed  by  the  commission  his  fees  and  mileage  shall  be  paid  from  the  funds 
appropriated  for  the  use  of  the  commission  in  the  same  manner  as  other  expenses 
of  the  commission  are  paid.  Any  witness  subpcenaed,  except  one  whose  fees  and 
mileage  may  be  paid  from  the  funds  of  the  commission,  may,  at  the  time  of  service, 
demand  the  fee  to  which  he  is  entitled  for  travel  to  and  from  the  place  at  which 
he  is  required  to  appear  and  one  day's  attendance.  If  such  witness  demands 
such  fees  at  the  time  of  service,  and  they  are  not  at  that  time  paid  or  tendered, 
he  shall  not  be  required  to  attend  before  the  commission  or  commissioners  as 
directed  in  the  subpoena.  All  fees  and  mileage  to  which  any  witness  is  entitled 
under  the  provisions  of  this  section  may  be  collected  by  action  therefor  instituted 
by  the  person  to  whom  such  fees  are  payable.  But  no  witness  shall  be  com- 
pelled to  attend  as  a  witness  before  the  water  commission  or  any  water  commis- 
sioner or  water  commissioners  out  of  the  county  in  which  he  resides,  unless  the 
distance  be  less  than  thirty  miles  from  his  place  of  residence  to  the  place  of 
hearing. 

(5)  The  superior  court  of  the  county  or  city  and  county  in  which  any  inquiry, 
investigation,  hearing  or  proceedings  may  be  held  by  the  commission  or  any  com- 
missioner or  commissioners  shall  have  the  power  to  compel  the  attendance  of  wit- 
nesses and  the  production  of  papers,  maps,  books,  accounts,  documents  and  testi- 
mony as  required  by  any  subpoena  issued  by  the  commission  or  any  commissioner 
or   commissioners.     The   commission,   commissioners   or   commissioner   before   whom 


WATER    COMMISSION    LAW.  83 

the  tfstimouy  is  to  bo  gi\ou  or  produced  may,  iu  case  of  the  refusal  of  any  wit- 
ness to  attend  or  testify  or  i)roduce  any  papers,  maps,  books,  accounts  or  documents 
required  by  such  subpoena,  report  to  the  superior  court  in  and  for  the  county  or 
city  and  county  in  which  the  proceeding  is  pending  by  petition,  setting  forth  that 
due  notice  has  been  given  of  the  time  and  place  of  attendance  of  said  witness, 
or  for  the  production  of  said  papers,  maps,  books,  accounts  or  documents  and 
that  the  witness  has  been  summoned  in  the  manner  prescribed  in  this  act.  and  that 
the  witness  has  failed  and  refused  to  attend  or  produce  the  papers,  maps,  books, 
accounts  or  documents  required  by  the  subpoena  before  the  commission,  commis- 
sioners, or  commissioner  iu  the  cause  or  proceeding  named  in  the  notice  and  sub- 
pcena,  or  has  refused  to  answer  questions  propounded  to  him  in  the  course  of  such 
cause  or  proceeding,  and  ask  an  order  of  said  court,  compelling  the  witness  to 
attend,  testify,  and  produce  said  papers,  maps,  books,  accounts  or  documents  be- 
fore the  commission,  or  commissioners,  or  commissioner.  The  court,  upon  the 
petition  of  the  commission  or  commissioners  or  commissioner,  shall  enter  an  order 
directing  the  witness  to  appear  before  the  court  at  a  time  and  place  to  be  fixed 
by  the  court  in  such  order,  the  time  to  be  not  more  than  ten  days  from  the  date 
of  the  order,  and  then  and  there  show  cause,  if  any  he  have,  why  he  refused  to 
obey  said  subpoena,  or  refused  to  answer  questions  propounded  to  him  by  said  com- 
mission, or  any  commissioners  or  any  commissioner,  or  neglected,  failed  or  refused 
to  produce  before  the  said  commission,  or  any  commissioners  of  any  commissioner 
the  books,  papers,  maps,  accounts  or  documents  called  for  in  said  subpoena.  A 
copy  of  said  order  and  the  petition  therefor  shall  be  served  upon  said  witness. 
If  it  shall  appear  to  the  court  that  said  subpoena  was  regiilarly  issued  by  the 
commission  or  any  commissioners  or  a  commissioner,  the  court  shall  thereupon 
enter  an  order  that  said  witness  appear  before  the  commission  or  commissioners 
or  commissioner  at  the  time  and  place  fixed  in  said  order,  and  testify  or  produce 
the  required  papers,  maps,  books,  accounts  or  documents,  or  both  testify  and 
produce ;  and  upon  failure  to  obey  said  order  said  witness  shall  be  dealt  with  as  for 
contempt  of  court. 

(c)  The  state  water  commission  or  any  commissioners  or  commissioner,  or  any 
party  to  a  proceeding  before  the  commission  or  any  commissioners  or  any  commis- 
sioner, may  in  any  investigation  or  hearing  before  the  commission  or  any  commis- 
sioners or  any  commissioner  cause  the  deposition  of  witnesses  residing  within  or 
without  the  state  to  be  taken  in  the  manner  prescribed  by  law  for  depositions  in 
civil  actions  in   the  superior  courts  of  this  state. 

(d)  No  person  shall  be  excused  from  testifying  or  from  producing  any  book, 
map,  document,  paper  or  account  in  any  investigation  or  inquiry  by  or  hearing 
before  the  ctimmission  or  any  commissioners  or  commissioner  upon  the  ground 
that  the  testimony  or  evidence,  book,  map,  document,  paper  or  account  required  of 
liim  may  tend  to  incriminate  him  or  subject  him  to  penalty  or  forfeiture.  But  no 
person  shall  be  prosecuted,  punished  or  subjected  to  any  penalty  or  forfeiture  for 
or  on  account  of  any  act,  transaction,  matter  or  thing  material  to  the  matter 
under  investigation  by  said  commission,  or  any  commissioner,  or  any  commissioner 
concerning  which  he  shall  have  been  compelled  to  testify  or  to  produce  documentary 
evidence ;  provided,  that  no  person  so  testifying  or  producing  shall  be  exempt  from 
prosecution  and  punishment  for  any  perjury  committed  by  him  in  his  testimony. 

Sec.  o.  a  full  and  accurate  record  of  business  of  acts  perfonued  or  of  testimony 
taken  by  the  commission  or  any  member  or  members  thereof  in  pursuance  of  the 
provisions  of  this  act  shall  be  kept  and  be  placed  on  file  in  the  oflSce  of  said  water 
commission. 

Sec.  G.  The  state  water  commission  shall  take,  chai-ge  and  collect  the  follow- 
ing fees:  for  copies  and  records  not  required  to  be  certified  or  otherwise  authenti- 
cated by  the  commission,  ten  cents  for  each  folio ;  for  certified  copies  of  official 
documents  and  orders  filed  in  its  office,  fifteen  cents  for  each  folio,  and  one  dollar 
for  every  certificate  under  acal  affixed  thereto ;  for  certified  copies  of  evidence  and 
l)roceedings  before  the  commission,  fifteen  cents  for  each  folio.  The  commis- 
sion   may    fix   reasonable   charges   for  publications   issued   under   its   authority.      All 


84  CALIFORNTA    STATE    I^LININO    BUREAU. 

fees  charged  aud  collected  uudcr  this  section  shall  he  paid,  at  least  ouce  each  week, 
accompanied  by  a  detailed  statement  thereof,  into  the  treasui*y  of  the  state. 

Sec.  7.  For  the  purpose  of  oarr.vinc:  out  the  provisions  of  this  act  the  state 
water  commission  is  authorized  to  pass  such  necessary  rules  and  regulations  as  it 
may  from  time  to  time  deem  advisable,  and  to  appoint  and  remove  at  its  pleasure 
a  secretary  who  shall  have  charge  of  its  books  aud  records  and  i>erform  such  other 
duties  as  from  time  to  time  may  be  prescribed  aud  whose  salary  shall  be  fixed 
by  the  water  commission  ;  and  the  state  water  commission  may  also  employ  such 
expert,  technical  aud  clerical  assistance,  and  ui>on  such  terms,  as  it  may  deem 
proper. 

Sec.  S.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  the  sum  of 
fifty  thousand  dollars  is  hereby  appropriated  for  the  fiscal  years  1913-1914  and 
1914-1915  out  of  any  money  in  the  state  treasury  not  otherwise  appropriated, 
and  the  state  controller  is  hereby  authorized  and  directed  to  draw  warrants  upon 
such  sum  from  time  to  time  ui)on  the  requisition  of  the  state  water  commission 
approved  by  the  state  board  of  control,  and  the  state  treasurer  is  hereby  authorized 
and  directed  to  pay  such  warrants. 

Sec.  9.  All  indebtedness  incurred  for  salaries,  and  all  necessary  costs  in  travel- 
ing and  other  expenses  of  said  commission,  and  each  of  its  members  and  persons 
employed  by  it,  while  actually  engaged  in  the  business  of  said  commission,  shall  be 
paid  by  the  state  out  of  the  funds  hereby  appropriated,  upon  the  sworn  stated 
ment  of  the  person  or  persons  incurring  such  indebtedness,  and  upon  the  requisition 
of  the  state  water  commission,  approved  by  the  state  board  of  control,  and  the 
state  controller  is  hereby  authorized  to  draw  warrants  upon  the  state  treasurer  for 
said  indebtedness,  salaries,  costs  and  expenses,  as  provided  by  law  for  the  payment 
of   similar  costs   and   expenses   and   the   drawing   of  similar  warrants. 

Sec.  10.  The  state  water  commission  is  hereby  authorized  and  empowered  to 
investigate  for  the  purpose  of  this  act  all  streams,  stream  systems,  portions  of  stream 
systems,  lakes,  or  other  bodies  of  water,  and  to  take  testimony  in  regard  to  the 
rights  to  water  or  the  use  of  water  thereon  or  therein,  and  to  ascei'tain  whether 
or  not  such  water,  or  any  portion  thereof,  or  the  use  of  said  water  or  any  portion 
thereof,  heretofore  filed  upon  or  attempted  to  be  appropriated  by  any  person,  firm, 
association,   or  corporation,   is   appropriated  under  the  laws  of  this  state. 

Sec.  11.  All  water  or  the  use  of  water  which  has  never  been  appi'opriated,  or 
which  has  been  heretofore  appropriated  and  which  has  not  been  in  process,  from  the 
date  of  the  initial  act  of  appropriation,  of  being  put,  with  due  diligence  in  pro- 
portion to  the  magnitude  of  the  work  necessary  properly  to  utilize  for  the  purpose 
of  such  appropriation  such  water  or  the  use  of  water,  or  which  has  not  been  put, 
or  which  has  ceased  to  be  put  to  some  useful  or  beneficial  purpose,  or  which  may 
hereafter  be  appropriated  and  cease  to  be  put,  to  the  useful  or  beneficial  purpose 
for  which  it  was  appropriated,  or  which  in  the  future  may  be  appropriated  and 
not  be,  in  the  process  of  being  put,  from  the  date  of  the  initial  act  of  appropriation, 
to  the  useful  or  beneficial  purpose  for  which  it  was  appropriated,  with  due  diligence 
in  px'oportiou  to  the  magnitude  of  the  work  necessary  properly  to  utilize  for  the 
purpose  of  such  appropriation  such  water  or  the  use  of  water,  is  hereby  declared 
to  be  unappropriated.  x\nd  all  waters  flowing  in  any  rivei-,  stream,  canyon,  ravine 
or  other  natural  channel,  excepting  so  far  as  such  waters  have  been  or  are  being 
applied  to  useful  and  beneficial  purpose  upon,  or  in  so  far  as  such  waters  are  or 
may  be  reasonably  needed  for  useful  and  beneficial  purijoses  upon  lands  riparian 
thereto,  or  otherwise  appropriated,  is  and  are  hereby  declared  to  be  public  waters 
of  the  state  of  California,  and  subject  to  appropriation  in  accordance  with  the 
provisions  of  this  act.  If  any  portion  of  the  waters  of  any  stream  shall  not 
be  put  to  a  useful  or  beneficial  purpose  to  or  upon  lands  riparian  to  such  stream 
for  any  continuous  iieriod  of  ten  consecutive  years  after  the  passage  of  this  act, 
such  nonapplication  shall  be  deemed  to  be  conclusive  presumption  that  the  use 
of  such  portions  of  the  waters  of  such  stream  is  not  needed  upon  said  riparian 
lands  for  any  useful  or  beneficial  purpose,  and  such  portion  of  the  waters  of  any 


WATER    COMMISSION    I^AW.  85 

stream  so  nonapplied,  unless  otherwise  appropriated  for  a  useful  and  beneficial  pur- 
pose is  hereby  declared  to  be  in  the  use  of  the  state  and  subject  to  appropriation 
in  accordance  with  the  provisions  of  this  act.  In  any  case  where  a  reservoir 
or  reservoirs  have  been  or  shall  hereafter  under  the  provisions  of  this  act  be  con- 
structed or  surveyed,  laid  out  and  proiwsed  to  be  constructed  for  the  storage  of 
water  for  a  .system,  which  water  is  to  be  used  at  one  or  more  points  under  appro- 
priations of  water  heretofore  or  hereafter  made,  which  appropriations  and  rights 
thereunder  are  now,  or  shall  hereafter  be  held  and  owned  by  the  person  or  cor- 
poration owning  such  resen-oir  site  or  sites  and  constructing  such  reservoir  or 
reservoirs,  .such  reservoir  or  reservoirs  and  appropriations  and  rights  shall,  in  the 
discretion  of  the  state  water  commission,  constitute  a  single  enterprise  and  unit, 
and  work  of  constructing  such  reservoir  or  reservoirs,  or  any  of  them,  or  work 
on  any  one  of  such  appropriations  shall,  in  the  discretion  of  said  commission,  be 
sufficient  to  maintain  and  preserve  all  such  applications  for  appropriations  and 
rights  thereunder. 

Sec.  12.  The  state  water  commission  shall  have  authority  to,  and  may,  for 
good  cause  shown,  upon  the  application  of  any  appropriator  or  user  of  water  under 
an  appropriation  made  and  maintained  according  to  law  prior  to  the  passage  of 
this  act.  prescribe  the  time  within  which  the  full  amount  of  the  water  appropriated 
shall  be  applied  to  a  useful  or  beneficial  purpose  ;  pravidcd,  that  said  appropriator 
or  user  shall  have  proceeded,  with  due  diligence  in  proportion  to  the  magnitude 
of  the  project,  to  cari-y  on  the  work  necessary  to  put  the  water  to  a  beneficial 
use ;  and  in  determining  said  time  said  commission  shall  grant  a  reasonable  time 
after  the  construction  of  the  works  or  canal  or  ditch  or  conduits  or  storage  system 
used  for  the  diversion,  convej'ance  or  storage  or  water;  and  in  doing  so  said  com- 
mission shall  also  take  into  consideration  the  cost  of  the  application  of  such  water 
to  the  useful  or  beneficial  purpose,  the  good  faith  of  the  appropriator,  the  market 
for  water  or  power  to  be  supplied,  the  present  demand  therefor,  and  the  income 
or  use  that  may  be  required  to  provide  fair  and  reasonable  returns  upon  the  in- 
vestment and  any  other  facts  or  matters  pertinent  to  the  inquiry.  Upon  prescrib- 
ing such  time  the  state  water  commission  shall  issue  a  certificate  showing  its 
determination  of  the  matter.  For  good  cause  shown,  the  state  water  commission 
may  extend  the  time  by  granting  further  certificates.  And,  for  the  time  so  pre- 
scribed or  extended,  the  said  appropriator  or  user  shall  be  deemed  to  be  putting 
said  water  to  a  beneficial  use. 

And  if  at  any  time  it  shall  appear  to  the  state  water  commission,  after  a  hear- 
ing of  the  parties  interested  and  an  investigation,  that  the  full  capacity  of  the 
works  built  or  constructed,  or  being  built  or  constructed,  under  an  appropriation 
of  water  or  the  use  thereof  made  under  the  provisions  of  this  act  has  not  developed 
or  can  not  develop  the  full  capacity  of  the  stream  at  the  point  where  said  works 
have  been  or  are  being  built  or  constructe<l,  and  that  the  holder  of  the  said  appro- 
priation will  not  or  can  not,  within  a  period  deemed  to  be  reasonable  by  the  com- 
mission, develop  the  said  stream  at  said  point  to  such  a  capacity  as  the  commission 
deems  to  be  required  by  the  public  good,  then  and  in  that  case  the  said  commission,  in 
its  discretion,  may  permit  the  joint  occupancy  and  use,  with  the  holder  of  the 
appropriation,  to  the  extent  necessary  to  develop  the  stream  to  its  full  capacity 
or  to  such  ])ortion  of  said  capacity  as  may  api>ear  to  the  state  water  commission 
to  l)e  advisahl'.».  by  any  and  all  j^ersons.  firms,  associations,  or  corporations  apply- 
ing therefor,  of  any  dam.  tunnel,  diversion  works,  ditch,  or  other  works  or  con- 
.structions  already  built  or  constructed  or  in  process  of  being  biiilt  or  constructed 
under  this  act;  proruled,  that  said  commission  shall  take  into  consideration  the 
reasonable  cost  of  the  original  and  new  work,  the  good  faith  of  the  applicant,  the 
market  for  water  or  power  to  be  supplied  by  the  original  and  the  new  work,  and 
the  income  or  use  that  may  be  retiuired  to  provide  fair  and  reasonable  returns  upon 
such  cost;  providbd,  fiirtliti;  that  the  applicant  or  applicants  shall  be  required  to 
pay  to  the  party  or  parties  owning  said  dam,  tunnel,  diversion  works,  ditch,  or 
other  works  or  constructions  a  pro  rata  portion  of  the  total  cost  of  the  old  and 
the  new  works,  said  pro  rata  portion  to  be  based  upon  the  proportion  of  the  water 


86  CALIFORNIA    &TATE   MINING    BUREAU. 

nsed  by  the  original  and  the  subsequent  users  of  said  dam,  tunnel,  diversion  works, 
ditch,  or  other  works  or  constructions,  if  the  water  is  used  or  to  be  used  for  irriga- 
tion or  domestic  purposes ;  or,  if  the  water  is  used  or  to  be  used  for  the  generation 
of  electricity  or  electrical  or  other  power,  the  said  pro  rata  portion  shall  be  based 
tipon  the  relative  amount  of  electricity  or  electrical  or  other  power  capable  of 
being  developed  by  the  original  and  the  new  works ;  or,  if  a  portion  of  the  water 
utilized  under  a  joint  occupancy  of  any  dam,  tunnel,  diversion  works,  ditch  or  other 
works  of  construction,  shall  be  used  for  the  purpose  of  irrigation  and  another 
portion  of  said  water  shall  be  used  for  the  generation  of  electricity  or  electrical  or 
other  power,  then  and  in  that  case  the  applicant  or  applicants  for  joint  occupancy 
shall  be  required  to  pay  the  party  or  parties  owning  said  dam,  tunnel,  diversion 
works,  ditch,  or  other  works  or  constructions  a  pro  rata  portion  of  the  total  cost 
of  the  old  and  new  works,  said  pro  rata  portion  to  be  based  upon  the  proportion 
of  the  relative  amount  of  water  used  by  each  joint  occupant  and  the  income  derived 
by  each  said  joint  occupant  from  said  joint  occupancy ;  or,  if  any  of  the  waters 
used  under  such  joint  occupancy  shall  be  utilized  for  purposes  other  than  those 
specified  above,  then  and  in  that  case  the  applicant  or  applicants  for  such  joint 
occupancy  shall  be  required  to  pay  to  the  party  or  parties  owning  said  dam,  tunnel, 
diversion  works,  ditch,  or  other  works  or  constructions,  such  a  pro  rata  portion  of 
the  total  cost  of  the  old  and  new  works  as  shall  appear  to  the  state  water  com- 
mission to  be  just  and  equitable.  Said  applicant  or  applicants  shall  also  be  required 
to  pay  a  proper  pro  rata  share,  based  as  above,  of  the  cost  of  maintaining  said 
dam,  tunnel,  diversion  works,  ditch  or  other  works  or  constructions,  on  and  after 
beginning  the  occupancy  and  use  thereof.  Furthermore,  the  state  water  commis- 
sion if  it  appears  to  the  said  commission  that  the  full  capacity,  of  the  works  built 
or  constructed,  or  being  built  or  constructed,  under  an  appropriation  of  water  or 
the  use  thereof  under  this  act,  will  not  develop  the  full  capacity  of  the  stream  at 
that  point,  and  it  appears  to  the  commission  that  the  public  good  requires  it,  and 
the  commission  specifically  so  finds  after  investigation  and  hearing  of  the  parties 
interested,  may  permit  any  person,  firm,  association  or  corporation  to  repair,  im- 
prove, add  to,  supplement,  or  enlarge,  at  his  or  its  proper  cost,  charge  and  expense, 
any  dam,  tunnel,  diversion  works,  ditch,  or  other  works  or  constructions  already 
built  or  constructed  or  in  process  of  being  built  or  constructed  under  the  provisions 
of  this  act,  and  to  use  the  same  jointly  with  the  owners  thereof ;  provided,  that  the 
said  repairing,  improving,  adding  to,  supplementing,  or  enlarging  shall  not  materially 
interfere  with  the  proper  use  thereof  by  the  owner  of  said  dam,  tunnel,  diversion 
works,  ditch,  or  other  works  or  constructions  or  shall  not  materially  injure  said 
dam,  tunnel,  diversion  works,  ditch  or  other  works  or  constructions.  And  the  state 
water  commission  shall  determine  the  pro  rata  and  other  costs  provided  for  in 
this  section. 

Sec.  13.  All  rights  granted  or  declared  by  this  act  shall  be  ascertained, 
adjudicated  and  determined  in  the  manner  and  by  the  tribunals  as  provided  in 
this  act. 

Sec.  14.  This  act  shall  not  be  held  to  bestow,  except  as  expressly  provided  in  this 
act,  upon  any  person,  firm,  association  or  corporation,  any  right  where  no  such 
right  existed  prior  to  the  time  this  act  takes  effect. 

Sec.  15.  The  state  water  commission  shall  allow,  under  the  provisions  of  this 
act,  the  appropriation  for  beneficial  pun^oses  of  unappropriated  water  unless,  in  the 
opinion  of  the  said  commission,  such  appropriation  would  be  detrimental  to  the 
public  welfare.      {.Amended  1915.) 

Sec.  15a.  The  state  water  commission  shall  allow  the  appropriation  of  water  in 
this  state  for  beneficial  use  in  another  state  only  when,  under  the  laws  of  the 
latter,  water  may  be  lawfully  diverted  therein  for  beneficial  use  in  the  state  of  Cali- 
fornia. Upon  any  stream  flowing  across  the  state  boundary  a  right  of  appropriation 
having  the  point  of  diversion  and  the  place  of  use  in  another  state  and  recognized 
by  the  laws  of  that  state,  shall  have  the  same  force  and  effect  as  if  the  point  of 
diversion  and  the  place  of  use  were  in  this  state ;  provided,  that  the  laws  of  that 
state  give  like  force  and  effect  to  similar  rights  acquired  in  this  state.  {Amended 
1917.) 


WATER    COMMISSION    LAW.  87 

Sec.  16.  Every  application  for  a  permit  to  appropriate  water  shall  set  forth 
the  name  and  post-office  address  of  the  applicant,  the  source  of  water  supply,  the 
nature  and  amount  of  the  proposed  use,  the  location  and  description  of  the  pro- 
posed headworks.  ditch,  canal  and  other  works;  the  proposed  place  of  diversion 
and  the  place  where  it  is  intended  to  use  the  water ;  the  time  within  which  it  is 
proposed  to  begin  construction,  the  time  required  for  completion  of  the  construction, 
and  the  time  for  the  complete  application  of  the  water  to  the  proposed  use.  If 
for  agricultural  purposes,  the  application  shall,  besides  the  above  general  require- 
ments, give  the  legal  subdivisions  of  the  land  and  the  acreage  to  be  irrigated,  as 
near  as  may  be ;  if  for  power  purposes,  it  shall  give,  besides  the  general  require- 
ments prescribed  above,  the  nature  of  the  works  by  means  of  which  the  power  is  to 
be  developed,  the  head  and  amount  of  water  to  be  utilized,  and  the  use  to  which 
the  power  is  to  be  applied ;  if  for  storage  in  a  reservoir,  it  shall  give,  in  addition 
to  the  general  requirements  prescribed  above,  the  height  of  dam.  the  capacity  of 
reservoir,  and  the  use  to  be  made  of  the  impounded  waters ;  if  for  municipal  water 
supply,  it  shall  give,  besides  the  general  requirements  specified  above,  the  present 
population  to  be  sened.  and,  as  near  as  may  be,  the  future  requirements  of  the 
city  ;  if  for  mining  puri>oses.  it  shall  give,  in  addition  to  the  general  requirements 
prescribed  above,  the  nature  and  location  of  the  mines  to  be  served  and  the  methods 
of  supplying  and  utilizing  the  water.  All  applications  shall  be  accompanied  b.v 
as  many  copies  of  such  maps,  drawings,  and  other  data  as  may  be  prescribed  or 
required  by  the  state  water  commission,  and  such  maps,  drawings,  and  other  data 
shall  be  considered  as  part  of  the  application.  If  any  permittee  or  licensee,  or  the 
heirs,  successors,  or  assigns  of  any  jjermittee  or  licensee,  desire  to  change  the  point 
of  diversion  from  the  point  of  diversion  specified  in  the  original  application,  or 
after  the  granting  of  any  permit  or  license,  such  change  or  changes  may  be 
made  only  upon  the  permission  of  the  state  water  commission  ;  provided,  that,  before 
granting  such  permission,  such  applicant  must  establish,  to  the  satisfaction  of 
the  state  water  commission,  and  such  commission  must  so  find,  that  such  change  in 
the  place  of  diversion  will  not  operate  to  the  injury  of  any  other  appropriator  or 
legal  user  of  such  waters  before  permitting  such  change  in  the  place  of  the  diversion. 
Ui)on  receipt  of  application  for  permission  to  make  such  change  in  the  place  of 
diversion,  the  commission  shall,  by  order,  fix  a  time  within  which  any  person 
interested  may  appear  in  opposition  to  such  application,  and  such  application 
shall,  if  the  commission  so  require,  cause  to  be  published  at  least  once  a  week  for 
four  consecutive  weeks,  in  a  newspaper  or  newspapers  of  general  circulation  in  the 
county  in  which  is  situated  both  the  old  and  new  points  of  diversion,  a  copy  of 
said  order.  Proof  of  such  publication  shall  be  by  affidavit  of  the  publisher  of 
such  newspaper.  Should  any  objection  Ije  made  to  the  change  in  point  of  diversion 
so  applied  for.  the  state  water  commission  shall  fix  a  time  for  the  hearing  of  said 
application  and  of  the  objections  thereto,  which  time  shall  be  hot  less  than  thirty 
days  nor  more  than  sixty  days  after  the  period  of  said  publication,  and  upon  such 
hearing  the  said  commission  shall  grant  or  refuse,  as  the  facts  shall  warrant,  such 
permission  to  change  place  of  diversion. 

Sec.  17.  Any  person,  firm,  association  or  corporation  may  apply  for  and  secure 
from  the  state  water  commission,  in  conformity  with  this  act  and  in  conformity 
with  i-easonable  rules  and  regulations  adopted  from  time  to  time  by  the  state  water 
rtmimission.  a  peimit  for  any  unappropriated  water  or  for  water  which  having 
l)een  ai)propriated  or  used  flows  back  into  a  stream,  lake  or  other  body  of  water 
within  this  state.  And  any  application  so  made  shall  give  to  the  applicant  a 
priority  of  right  as  of  the  date  of  said  application  to  such  water  or  the  use  thereof 
nntil  such  application  shall  have  been  approved  or  rejected  by  said  commissiod ; 
provided,  that  such  priority  shall  continue  only  so  long  as  the  provisions  of  law 
and  the  rules  and  regulations  of  the  water  conimission  shall  be  followed  by  the 
apjdicant.  Upon  the  approval  of  any  applicsilion  by  the  commission,  said  approval 
shall  give  priority  of  right  as  of  the  date  of  said  application,  and  shall  give  the 
right  to  take  and  use  the  amount  of  water  specified  in  said  approval  until  the 
issuance  by  the  state  water  commission  of  a  license  for  the  use  of  said  amonnt  of 


88  CALIFORNIA    STATE   MINING    BUREAU. 

water,  or  until  the  said  commission  refuses  to  issue  said  license.  But  the  approval 
of  any  application  shall  give  the  right  to  take  and  use  water  only  to  the  extent 
and  for  the  purpose  allowed  in  said  approval;  provided,  that  any  defective  appli- 
cation made  in  a  bona  tide  attempt  to  conform  to  the  rules  and  regulations  of  the 
state  water  commission  and  to  the  law  shall  secure  to  the  applicant  a  priority 
of  right  as  of  the  date  of  said  application  until  he  shall  have  been  notified  by  said 
commission  in  what  respect  his  application  is  defective.  And  said  applicant  shall  be 
allowed  sixty  days  after  notice  of  said  defect  in  which  to  file  an  amended  and 
perfected  application.  If,  within  said  sixty  days,  said  applicant  shall  not  file  an 
amended  and  perfecte<l  application,  said  priority  of  right  shall  cease  and  determine, 
r.nless  for  good  cause  shown  the  state  water  commission  shall  allow  said  applicant 
to  file  a  further  amended  and  perfected  application  ;  provided,  also,  that  any  priority 
of  right  secured  under  this  section  shall  not  be  effective  for  more  than  thirty  days 
after  sen'ice  of  notice  of  such  approval,  personally  or  by  registered  mail,  on  the 
applicant,  unless  within  said  period  of  thirty  days  a  true  copy  of  said  approval  upon 
which  such  priority  is  based  shall  have  been  filed  in  the  office  of  the  recorder  of 
the  county  or  city  and  county  in  which  the  water  is  to  be  delivered,  and,  within 
ten  days  thereafter,  a  certificate  of  such  filing  by  the  county  recorder  is  also  filed 
with  the  state  water  commission. 

Sec.  18.  Actual  construction  work  ui>on  any  project  shall  begin  within  such 
time  after  the  date  of  the  approval  of  the  application  as  shall  be  specified  in  said 
approval,  which  time  shall  not  be  less  than  sixty  days  from  date  of  said  approval, 
and  the  construction  of  the  work  thereafter  shall  be  prosecuted  with  due  diligence 
in  accordance  with  this  act.  the  terms  of  the  approved  application,  and  the  rules 
and  regulations  of  said  commission;  and  said  work  shall  be  completed  in  accordance 
with  law.  the  rules  and  regulations  of  the  state  water  commission,  and  the  terms 
of  the  approved  application  and  within  a  period  specified  in  the  permit ;  but  the 
period  of  completion  specified  in  the  permit  may,  for  good  cause  shown,  be  extended 
by  the  state  water  commission.  And  if  such  work  be  not  so  commenced,  prosecuted 
and  completed,  the  water  commission  shall,  after  notice  in  writing  and  mailed  in  a 
sealed,  postage-prepaid  and  registered  letter  addressed  to  the  applicant  at  the  address 
given  in  his  application  for  a  permit  to  appropriate  water,  and  a  hearing  before 
the  commission,  revoke  its  approval  of  the  application.  But  any  applicant,  the 
approval  of  whose  application  shall  have  been  thus  revoked,  shall  have  the  right 
to  bring  an  action  in  the  superior  court  of  the  county  in  which  is  situated  the  point 
of  proiwsed  diversion  of  the  water  for  a  review  of  the  order  of  the  commission 
revoking  said  approval  of  the  application.  And  thirty  days  after  the  revocation 
of  said  permit  all  rights  of  the  said  permittee  under  said  permit  shall  cease  and 
lapse,  unless  said  permittee  shall  within  said  thirty  days  after  said  revocation 
bring  an  action  in  the  superior  court  for  a  review  of  the  order  of  revocation.  The 
priority  of  right  of  any  permittee  so  bringing  an  action  shall  continue  under  said 
permit  until  a  final  judgment  is  rendered  as  to  the  reasonableness  of  the  revocation 
of  said  permit.  But  until  and  unless  the  revocation  of  the  permit  shall  be  finally 
decreed  by  such  court,  the  permittee  shall  not  take  or  use  any  of  the  water  the 
rrght  to  take  and  use  which  is  granted  by  said  permit. 

Sec.  10.  Immediately  uiwn  completion,  in  accordance  with  law,  the  rules  and 
regulations  of  the  state  water  commission,  and  the  tei-ms  of  the  permit,  of  the 
project  under  such  application,  the  holder  of  a  permit  for  the  right  to  appropriate 
water  shall  report  said  completion  to  the  state  water  commission.  The  said  com- 
mission shall  immediately  thereafter  cau.se  to  be  made  a  full  inspection  and 
examination  of  the  works  constructed  and  shall  determine  whether  the  construction 
of  said  works  is  in  conformity  with  law,  the  terms  of  the  approved  application, 
the  rules  and  regulations  of  the  state  water  commission,  and  the  permit.  The 
said  water  commission  shall,  if  said  determination  is  favorable  to  the  applicant, 
issue  a  license  which  shall  give  the  right  to  the  diversion  of  such  an  amount  of 
water  and  to  the  use  thereof  as  may  be  necessary  to  fulfill  the  puii>ose  of  the 
approved  application.  Said  license  shall  be  in  such  form  as  may  be  prescribed 
hv  the  state  water  commission   under  the  provisions  of  this  act.     But  if  the  said 


WATER    COMMISSION    LAW.  89 

commission  shall  find,  upon  inspection  and  examination  of  the  works  constrncted, 
that  the  construction  and  condition  of  said  works  are  not  in  conformity  with  the 
law,  the  rules  and  regulations  of  the  state  water  commission,  the  terms  of  the 
approved  application  and  the  terms  of  the  permit,  then  and  in  that  case  the  said 
commission  may.  after  due  notice  in  writin?  and  in  the  manner  provided  in  sections 
one  thousand  and  eleven,  one  thousand  and  twelve,  and  one  thousand  and  thirteen 
of  the  Code  of  Civil  Procedure  to  the  applicant  or  the  holder  of  the  permit,  and 
a  public  hearing  thereon,  refuse  to  issue  said  license.  And  thirty  days  after  the 
refusal  of  said  commission  to  issue  said  license  all  rights  of  the  applicant  and  the 
holder  of  the  permit  under  said  application  and  permit  shall  lapse  and  cease.  But 
the  holder  of  any  permit  to  whom  the  said  water  commission  may  have  refused  to 
issue  said  license,  shall  have  the  right  to  bring  an  action  Avithin  thirty  days  after 
said  refusal,  in  the  sui>erior  court  to  review  said  order  and  to  obtain  a  decree 
requiring  the  issuance  of  such  license.  And  the  rights  of  the  holder  of  any  permit 
so  bringing  an  action  shall  continue  under  said  i>ermit  until  the  decree  in  such 
action  has  been  entered  and  become  final.  But  until  the  refusal  of  the  commission 
to  issue  SLiid  license  shall  be  finally  determined  by  the  courts,  the  permittee  shall 
not  take  or  use  any  of  the  water,  the  taking  and  using  of  which  is  granted 
to  him  by  said  permit.  And  if  the  holder  of  any  permit  which  has  been  revoked 
bj-  the  state  water  commission  shall  not  bring  an  action  within  said  thirty  days 
in  the  superior  court  to  determine  the  validity  of  said  revocation,  then  and  in  that 
case  all  rights  of  the  applicant  and  of  the  holder  of  said  permit  shall  lapse  and  cease. 
Sec.  20.  All  permits  and  licenses  for  the  appropriation  of  water  shall  be  under 
the  terms  and  conditions  of  this  act.  and  shall  be  effective  for  such  time  as  the 
water  actually  appropriated  under  such  permits  and  licenses  shall  actually  be  used 
for  the  useful  and  beneficial  purpose  for  which  said  water  was  appropriated,  but  no 
longer;  and  every  such  permit  or  license  shall  include  the  enumeration  of  conditions 
therein  which  in  substance  shall  include  all  of  the  provisions  of  this  section  and 
likewise  the  statement  that  any  appropriator  of  water,  to  whom  said  permit  or 
license  may  be  issued,  shall  take  the  same  subject  to  such  conditions  as  therein 
expressed ;  provided,  that  at  any  time  after  the  expiration  of  twenty  years  after 
the  granting  of  a  license,  the  state  or  any  city,  city  and  county,  municipal  water 
district,  irrigation  district,  lighting  district,  or  any  political  subdivision  of  the  state 
shall  have  the  right  to  purchase  the  works  and  property  occupied  and  used  under 
said  license  and  the  works  built  or  constructed  for  the  enjoyment  of  the  rights 
granted  under  said  license;  and  in  the  event  that  the  said  state,  city,  city  and  county, 
municipal  wator  district,  irrigation  district,  lighting  district  or  political  subdivision 
of  the  state  so  desiring  to  purchase  and  the  said  owner  of  said  works  and  property 
can  not  agree  upon  said  purchase  price,  said  price  shall  be  determined  in  such 
manner  as  is  now  or  may  hereafter  be  determined  in  eminent  domain  proceed- 
ings. If  it  shall  appear  to  the  state  water  commis-sion  at  anj-  time  after  a  permit 
or  license  is  issued  as  in  this  act  provided  that  the  permittee,  or  licensee,  or  the 
heirs,  successors,  or  assigns,  of  said  permittee  or  licensee,  has  not  put  the  water 
granted  under  said  permit  or  license  to  the  useful  or  beneficial  purpose  for  which 
the  permit  or  license  was  granted,  or  that  the  permittee  or  licensee,  or  the  heirs, 
succes-sors.  or  assigns  of  said  pemiittee  or  licensee,  has  ceased  to  put  said  water  to 
such  useful  or  beneficial  purpose,  or  that  the  permittee  or  licensee,  or  the  heirs, 
successors  or  assigns  of  said  pemiittee  or  licensee,  has  failed  to  observe  any  of  the 
terms  and  conditions  in  the  permit  or  license  as  issued,  then  and  in  that  case  the 
Slid  commission,  after  due  notice  to  the  permittee,  licensee,  or  the  heirs,  successors 
or  assigns  of  such  permittee  or  licensee,  and  a  hearing  thereon,  may  revoke  said 
permit  or  license  and  declare  the  water  to  be  unappropriated  and  open  to  further 
appropriation  in  accordance  with  the  terras  of  this  act.  The  findings  and  declaration 
of  said  commission  shall  be  deemed  to  be  prima  facie  correct  until  modified  or  set 
aside  by  a  court  of  competent  jurisdiction:  provided,  that  any  action  brought  so  to 
modify  or  set  aside  such  finding  or  declaration  must  be  commenced  within  thirty 
days  after  the  service  of  notice  of  said  revocation  on  said  ix'rmittee  or  licensee, 
his  heirs,  successors  or  assigns.     And  every  licensee  or  permittee  under  the  provisions 


90  CALIFOENIA    STATE    MINING    BUREAU. 

of  this  act  if  he  accepts  such  permit  or  license  shall  accept  the  same  under  the 
conditions  precedent  that  no  value  whatsoever  in  excess  of  the  actual  amount  paid 
to  the  state  therefor  shall  at  any  time  be  assigned  to  or  claimed  for  any  pennit 
or  license  granted  or  issued  under  the  provisions  of  this  act,  or  for  any  rights 
granted  or  acquired  under  the  provisions  of  this  act,  in  respect  to  the  regulation  by 
any  competent  public  authority  of  the  services  or  the  price  of  the  services  to  be 
rendered  by  any  permittee  or  licensee,  his  heirs,  successors  or  assigns  or  by  the 
holder  of  any  rights  granted  or  acquired  under  the  provisions  of  this  act,  or  in 
respect  to  any  valuation  for  purposes  of  sale  to  or  purchase,  whether  through  con- 
demnation proceedings  or  otherwise,  by  the  state  or  any  city,  city  and  county, 
municipal  water  district,  irrigation  district,  lighting  district  or  any  political  sub- 
division of  the  state,  of  the  rights  and  property  of  any  permittee  or  licensee,  or  the 
possessor  of  any  rights  granted,  issued,  or  acquired  under  the  provisions  of  this  act. 
The  application  for  a  permit  by  municipalities  for  the  use  of  water  for  said 
municipalities  or  the  inhabitants  thereof  for  domestic  pui-poses  shall  be  considered 
first  in  right,  irrespective  of  whether  they  are  first  in  time ;  provided,  hotcever,  that 
such  application  for  a  permit  or  the  granting  thereafter  of  permission  to  any 
municipality  to  appropriate  waters,  shall  not  authorize  the  appropriation  of  any 
water  for  other  than  municipal  purix)ses  ;  and  providing,  further,  than  where  per- 
mission to  appropriate  is  granted  by  the  state  water  commission  to  any  municipality 
for  any  quantity  of  water  in  excess  of  the  existing  municipal  needs  therefor,  that 
pending  the  application  of  the  entire  appropriation  permitted,  the  state  water  com- 
mission shall  have  the  power  to  issue  permits  for  the  temporary  appropriation  of 
the  excess  of  such  permitted  appropriation  over  and  above  the  quantity  being  applied 
from  time  to  time  by  such  municipality;  «/)(/  providing,  further,  that  in  lieu  of  the 
granting  of  such  temporary  permits  for  appropriation,  the  state  water  commission 
may  authorize  such  municipality  to  become  as  to  such  surplus  a  public  utility,  subject 
to  the  jurisdiction  and  control  of  the  railroad  commission  of  the  state  of  California 
for  such  period  or  periods  from  and  after  the  date  of  the  issuance  of  such  per- 
mission to  appropriate,  as  may  be  allowed  for  the  application  to  municipal  uses  of 
the  entire  appropriation  permitted;  and  provided,  further,  that  wfien  sucn  munic- 
ipality shall  desire  to  use  the  additional  water  granted  in  its  said  application  it 
may  do  so  upon  making  just  compensation  for  the  facilities  for  taking,  conveying 
and  storing  such  additional  water  rendei-ed  valueless  for  said  purposes,  to  the  person, 
firm  or  corporation  which  constructed  said  facilities  for  the  temporary  use  of  said 
excess  waters,  and  which  compensation,  if  not  agreed  upon  between  the  municipality 
and  said  person,  firm  or  corporation,  may  be  determined  in  the  manner  provided  by 
law  for  determining  the  value  of  property  taken  by  and  through  eminent  domain 
proceedings. 

Seo.  20(7.  When  the  party  entitled  to  the  use  of  water  fails  to  beneficially  use  all 
or  any  part  of  the  water  claimed  by  him,  for  which  a  right  of  use  has  vested,  for 
the  purpose  for  which  it  was  appropriated  or  adjudicated,  for  a  i>eriod  of  three 
years,  such  unused  water  shall  revert  to  the  public  and  shall  be  regarded  as  un- 
appropriated public  water.     {Amended  1911.) 

Sec.  21.  Nothing  herein  contained  shall  be  construed  to  deprive  the  state  or  any 
city,  city  and  county,  municipal  water  district,  irrigation  district,  lighting  district 
or  political  subdivision  of  the  state,  or  any  person,  company  or  corporation  of  any 
rights  which,  under  the  law  of  this  state  they  may  have,  to  acquire  property  by  or 
through   eminent  domain  proceedings. 

Sec.  22.  Licenses  hereafter  granted  for  water  or  use  of  water  shall  be  subject 
to  the  right  of  the  state  to  impose  the  fees  and  charges  provided  in  this  act. 

Sec.  23.  Every  person,  firm,  Association  or  corporation  making  application  for  a 
permit  to  appropriate  water  or  the  use  of  water  under  this  act  shall  pay  to  the  state 
water  commission,  at  the  time  of  filing  said  application,  a  filing  fee  in  the  sum  of 
five  dollars,  and,  upon  the  issue  of  a  permit,  the  additional  fee,  if  the  purpose  or 
use  is  for  the  generation  of  electricity  or  electrical  or  other  power,  of  ten  cents  for 
each  theoretical  horseiwwer  capable  of  being  developed  by  the  works  up  to  and  includ- 
ing one  hundred  theoretical  horsepower,  of  five  cents  for  each  horsepower  in  excess 


WATER    COMMISSION   LAW.  91 

of  one  hundred  theoretical  horsepower  up  to  and  including  one  thousand  theoretical 
horsepower,  and  of  one  cent  for  each  theoretical  horseijower  in  excess  of  one  thousand 
theoretical  horsepower ;  also,  if  for  agricultural  purposes,  of  five  cents  for  each 
acre  of  land  to  be  irrigated  by  means  of  said  appropriation  to  and  including  one 
hundred  acres,  of  three  cents  per  acre  for  each  acre  in  excess  of  one  hundred  acres 
up  to  and  including  one  thousand  acres,  and  of  two  cents  for  each  acre  over  one 
thousand  acres.  All  fees  shall  forthwith  be  paid  into  the  state  treasurj-  by  the  state 
water  commission.  No  fee  shall  be  required  from  any  person,  firm,  association,  or 
corporation  exempt  by  any  law  of  the  state  of  California  from  the  payment  of  such 
fee.     {Amended  1911.) 

Sec.  24.  In  case  suit  is  brought  in  the  superior  court  for  determination  of  rights 
to  water  or  the  use  of  water,  the  case  may,  in  the  discretion  of  the  court,  be  trans- 
ferred to  the  state  water  commission  for  investigation,  as  referee.     {Amended  1911.) 

Sec.  25.  Upon  its  own  initiative  or  upon  petition  signed  by  one  or  more  claim- 
ants to  water  or  the  use  of  water  upon  any  stream,  stream  system,  lake,  or  othef 
body  of  water,  all  of  which  sources  of  supply  are  hereinafter  referred  to  as  "stream 
system,"  requesting  the  determination  of  rights,  based  upon  prior  appropriation,  of 
the  various  claimants  to  the  water  of  that  stream  system,  it  shall  be  the  duty  of 
the  state  water  commission,  if.  upon  investigation,  it  finds  the  facts  and  conditions 
are  such  as  to  justify,  to  enter  an  order  granting  said  petition  and  to  make  proper 
arrangements  to  proceed  with  such  determination.     (Amended  1911.) 

Sec.  20.  As  soon  as  practicable  after  the  state  water  commission  shall  make  and 
enter  the  order  granting  the  said  petition  or  selecting  the  stream  system  uix)n  which 
the  determination  of  water  rights  by  appropriation  is  to  begin,  it  shall  prepare  a 
notice  setting  forth  the  fact  of  the  entry  of  said  order  and  of  the  pendency  of  the 
said  proceedings,  the  date  when  the  state  water  commission  shall  begin  said  exami- 
nation, and  that  all  claimants  to  rights  by  appropriation  of  the  waters  of  said 
stream  system  are  required,  as  in  this  act  provided,  to  make  proof  of  their  claims. 
The  notice  shall  be  published  for  a  period  of  four  consecutive  weeks  in  one  or 
more  newspapers  of  general  circulation  published  in  each  county  in  which  any  part 
of  said  stream  system  is  situated.      {Amended  1911.) 

Sec.  27.  At  the  time  set  in  said  notice,  the  state  water  commission  shall  begin 
an  investigation  of  the  flow  of  the  stream  system  and  of  the  conduits  diverting 
water,  and  of  the  lands  irrigated  or  irrigable  therefrom,  and  shall  gather  such  other 
data  and  information  as  may  be  es.sential  to  the  proper  determination  of  the  water 
rights  by  appropriation.  It  shall  reduce  its  observations,  data,  information  and 
measurements  to  writing.  It  shall  execute  surveys  and  shall  prepare  maps  from  the 
observations  of  such  surveys  in  accordance  with  such  uniform  rules  and  regulations 
as  it  may  adopt ;  which  surveys  and  maps  shall  show  with  substantial  accuracy  the 
course  of  the  stream  or  streams ;  the  location  of  each  conduit  diverting  water  there- 
from, land  irrigated  and  capable  of  being  irrigated  by  each  conduit,  and  the  kind  of 
culture  upon  the  irrigated  land.  The  maps  shall  be  prepared  as  the  surveys  and 
observations  progress,  and,  when  completed,  it  [they]  shall  be  filed  and  made  of 
record  in  the  office  of  the  state  water  commission.     {Amended  1911.) 

Sec.  28.  I'pon  the  completion  of  such  measurements  and  maps,  and  filing  of  said 
observations,  data,  information  and  measurements,  the  state  water  commission  shall 
prepare  a  notice  setting  forth  the  date,  prior  to  which  the  proofs,  to  be  furnished  by 
claimants  upon  forms  supplied  i)y  the  state  water  commission  and  more  specifically 
referred  to  in  the  next  section  hereof,  as  to  the  rights  by  appropriaton  of  the  waters 
of  said  stream  system,  shall  be  filed ;  provid-ed,  however,  that  the  date  set,  prior  to 
which  said  proofs  must  be  filed,  shall  not  be  less  than  sixty  days  from  the  date  of 
the  last  publication  of  said  notice  as  hereinafter  provide<l.  The  notice  shall  be 
deemed  to  be  an  order  of  the  state  water  commission  as  to  its  contents,  and  it  shall 
be  published  by  the  state  water  commission  for  a  period  of  four  consecutive  weeks 
in  one  or  more  newspapers  of  general  circulation  published  in  each  county  in  which 
any  part  of  said  stream  system  is  situated.  At  or  near  the  time  of  the  first  publi- 
cation of  said  notice  it  shall  be  the  duty  of  the  state  water  commission  to  send  by 
registered  mail  to  each  claimant  to  rights  by  appropriation  of  the  waters  of  said 


02  CALIFORNIA    STATE   MINING   BUREAU. 

stream  system,  iu  so  far  as  such  claimant  can  be  reasonably  ascertained  at  his  last 
known  place  of  address,  a  notice  equivalent  In  terms  to  the  said  published  notice. 
(Amended  1917.) 

Sec.  29.  The  state  water  commission  shall,  in  addition,  enclose  with  the  notice 
to  be  mailed  as  aforesaid,  blank  forms,  proofs  of  appropriation,  upon  which  said 
claimant  shall  present  in  wi-iting  all  particulars  necessary  for  the  determination  of 
his  right  by  appropriation  of  the  waters  of  said  stream  system,  the  said  statement  to 
include  the  following : 

(a)  The    name   and   post-office    address   of   the   claimant. 

(b)  The  nature  of  the  right  or  use  on  which  the  claim  for  appropriation  is  based. 

(c)  The  date  of  the  initiation  of  such  right  and  a  description  of  works  of  diversion 
and  distribution. 

(d)  The  date  of  beginning  of  construction. 

(e)  The  date  when  completed. 

if)   The  dates  of  beginning  and  completion  of  enlargements. 

(g)   The  dimensions  of  the  ditch  as  orginally  constructed  and  enlarged. 

(h)  The  date  when  water  was  first  used  for  irrigation  or  other  beneficial  purposes, 
and  if  used  for  irrigation,  the  amount  of  land  irrigated  the  first  year,  the  amount 
in  subsequent  years,  with  the  dates  of  irrigation  and  the  area  and  the  location  of 
the  lands  which  are  intended  to  be  irrigated. 

(i)  The  character  of  the  soil  and  the  kind  of  crops  cultivated,  anu  sucn  other  facts 
as  will  show  the  extent  and  nature  of  the  right  and  a  compliance  with  the  law  in 
acquiring  the  same,  as  may  be  required  by  the  state  water  commission.  Each  claim- 
ant shall  be  required  to  certify  to  his  statements,  under  oath.      {Amend'Cd  1917.) 

Sec.  30.  After  the  date  fixed  for  the  filing  of  proofs,  no  proofs  shall  be  received 
or  filed  with  the  state  water  commission  ;  provided,  however,  that  the  state  water 
commission  may,  for  cause  shown,  iu  its  discretion,  extend  the  time  in  which  proofs 
may  be  filed.  Upon  neglect  or  refusal  of  any  person  to  make  proof  of  his  claim 
to  rights  bj'  appropriation  of  the  Avaters  of  such  stream  system,  as  required  by  this 
act,  prior  to  the  expiration  of  the  period  fixed  by  the  state  water  commission,  during 
which  proofs  may  be  filed,  the  state  water  commission  shall  determine  the  right  by 
appropriation  of  such  person  on  such  evidence  as  it  may  obtain  or  may  have  on  nie 
in  its  office  in  the  way  of  maps,  plats,  surveys  and  transcripts ;  and  exceptions  to 
such  determination  may  be  filed  in  court  as  hereinafter  provided.     (Amended  1917.) 

Sec.  31.  Any  claimant  of  a  right  by  appropriation  of  the  water  of  any  stream 
s.ystem  upon  whom  no  service  of  notice  shall  have  been  had  of  the  pendency  of 
proceedings  for  the  determination  of  the  rights  by  appropriation  of  the  waters  of 
said  stream  system,  and  who  shall  have  had  no  actual  knowledge  or  notice  of  the 
pendency  of  said  proceedings,  may  at  any  time  prior  to  the  expiration  of  three  months 
after  the  entry  of  the  determination  of  the  state  water  commission,  as  provided  in 
section  thirteen  of  this  act,  file  a  petition  to  intervene  in  said  proceedings.  Such 
petition  shall  be  under  oath  and  shall  contain,  among  other  things,  all  matters 
required  by  this  act  of  claimants  who  have  been  duly  served  with  notice  of  said  pro- 
ceedings, and  also  a  statement  that  the  intervener  had  no  actual  knowledge  or 
notice  of  the  pendency  of  said  proceedings.  Upon  the  filing  of  said  petition  in 
intervention,  the  petitioner  shall  be  allowed  to  intervene  and  thereafter  shall  have  all 
the  rights  and  be  subject  to  all  the  duties  of  the  claimants  who  have  been  duly 
served.     (Am-jndcd  1917.) 

Sec.  32.  At  the  time  of  submission  of  proof  of  appropriation,  the  state  water 
commission  fehall  collect  from  such  claimants,  on  the  basis  of  the  statements  in  the 
proofs,  a  fee  of  fifteen  cents  for  each  acre  of  irrigated  or  irrigable  lands  up  to  and 
including  one  hundred  acres,  ten  cents  for  each  acre  in  excess  of  one  hundred  acres 
and  up  to  and  including  one  thousand  aci'es,  and  five  cents  per  acre  for  each  acre  in 
excess  of  one  thousand  acres ;  also  twenty-five  cents  for  each  theoretical  horsepower 
up  to  and  including  one  hundred  horseiwwer,  fifteen  cents  for  each  theoretical  horse- 
power in  excess  of  one  hundred  horsepower  and  up  to  and  including  one  thousand 
horsepower,  and  five  cents  for  each  theoretical  horsepower  in  excess  of  one  thousand 
horsepower;  also  five  (5)  dollars  for  each  cubic  foot  per  second,  or  fraction  thereof, 


WATER    COMMISSION    LAW.  93 

claimed  for  auy  i)uriK)So  other  Ihan  Urigatiou  or  power ;  the  luiuimum  fee  however,  for 
any  claimant  to  be  five  (5)  dollars.  All  fees  charged  and  collected  under  this  section 
shall  be  paid,  at  least  once  each  month,  accompanied  by  a  detailed  statement  thereof, 
into  the  treasury  of  the  state.      (Amended  1917.) 

Sec.  33.  As  soon  as  practicable  after  the  expiration  of  the  period  fixed  in  which 
proofs  may  be  filed,  the  state  water  commission  shall  assemble  all  proofs  which  have 
been  filed,  and  prepare  and  certify  an  abstract  of  all  of  the  said  proofs,  which  shall 
be  printed  in  the  state  printing  office.  As  soon  as  practicable  the  state  water  com- 
mission shall  prepare  a  notice  fixing  and  setting  a  time  and  place,  reasonably  conven- 
ient to  the  claimants,  when  and  where  the  evidence  taken  by  or  filed  with  it  shall  be 
open  to  the  inspection  of  all  interested  persons,  said  period  of  inspection  to  be  not 
less  than  ten  (10)  days,  which  notice  shall  be  deemed  to  be  an  order  of  the  state 
water  commission  as  to  the  matters  contained  therein.  A  copy  of  said  notice, 
together  with  a  printed  copy  of  the  said  abstract  of  proofs,  shall  be  sent  by  registered 
mail,  at  least  fifteen  (15)  days  prior  to  the  first  day  of  such  period  of  inspection, 
to  each  claimant  who  has  appeared  and  filed  proof  as  herein  provided.  A  representa- 
tive of  the  state  water  commission  shall  be  present  at  the  time  and  place  designated  in 
said  notice,  and  allow,  during  said  period,  any  person  interested  to  inspect  such  evi- 
dence and  proofs  as  have  been  filed  in  accordance  with  this  act.      (Amended  191"!.) 

Sec.  si.  Should  any  claimant  desire  to  contest  any  of  the  statements  and  proofs 
of  claims  filed  with  the  state  water  commission  by  any  other  claimant  to  the  waters 
of  the  stream  system,  he  shall,  within  fifteen  (15)  days  after  said  evidence  and 
proofs  shall  have  been  opened  to  public  inspection,  or  within  such  further  time  as  for 
good  cause  shown  maj'  be  allowed  by  the  state  water  commission  upon  application 
made  prior  to  the  expiration  of  said  fifteen  (15)  days,  in  writing,  notify  the  state 
water  commission,  stating  with  reasonable  certainty  the  grounds  of  the  proposed 
contest,  which  statement  shall  be  verified  by  the  affidavit  of  the  contestant,  his  agent 
or  attorney.  The  statements  or  proofs  of  the  person  whose  rights  are  contested  and 
the  verified  statement  of  the  contestant  shall  be  deemed  sufficient  to  constitute  a 
liroper  cause  for  such  contest.      (Amended  1911.) 

Sec.  35.  Within  ten  (10)  days  after  the  receipt  of  the  notice  of  contest  the  state 
water  commission  shall  notify'  by  registered  mail  the  contestant  and  the  claimant 
whose  rights  are  contested  to  appear  before  it  at  a  time  and  place  specified  in  said 
notice,  and  that  at  said  time  and  place  said  contest  will  be  heard  ;  provided,  that 
said  time  shall  not  be  less  than  fifteen  (15)  days  nor  more  than  sixty  ((30)  days  from 
the  date  of  the  mailing  of  the  notice  of  the  commission.  The  state  water  commission 
shall  have  power  to  adjourn  hearings  of  contests  from  time  to  time  upon  reasonable 
notice  to  all  parties  in  interest,  and  to  issue  subpcenas  for  and  compel  the  attendance 
of  witnesses  to  testify  before  it  and  to  produce  papers,  books,  maps,  and  other  docu- 
ments. The  costs  of  making  testimony  at  a  hearing  shall  be  borne  by  the  parties 
thereto  as  follows:  each  party  shall  pay  for  the  direct  examination  of  his  own  witness 
and  the  cross-examination  of  opponent's  witness  and  shall  share  equally  for  that 
part  of  the  examination  directed  by  the  representative  of  the  commission.  One  copy 
of  the  transcript  of  testimony  taken  at  the  hearing  shall  be  furnished  to  the  commis- 
sion and  the  cost  thereof  borne  equally  by  the  parties.      (Amended  1911.) 

Sec.  3G.  As  soon  as  practicable  after  the  hearing  of  contests,  it  shall  be  the  duty 
of  the  state  water  commission  to  make,  and  cause  to  be  entered  of  record  in  its  office, 
an  order  determining  and  establishing  the  several  rights  by  appropriation  of  the 
waters  of  said  stream  ;  provided,  hotrever,  that  within  sixty  (<!0)  days  after  the 
entry  of  an  order  establishing  water  rights,  the  state  water  commission  may,  for 
good  cause  shown,  reopen  the  proceedings  and  grant  a  rehearing.  Such  order  and 
determination  shall  be  prepared,  and  after  certification  by  the  state  water  commis- 
sion, printed  in  the  state  printing  office.  A  copy  of  said  order  of  determination  shall 
be  sent  by  registered  mail  to  each  person  who  has  filed  proof  of  claim,  and  to  each 
person  who  has  become  interested  through  intervention  or  as  a  contestant  under  the 
provisions  of  section  eight  or  section  eleven  of  this  act.      (Amended  7,0/7.) 


94  CALIFORNIA    STATE    MINING    BUREAU. 

Sec.  36a.  As  soon  as  practicable,  after  the  entry  of  the  order  of  determination,  a 
certified  copy  thereof,  together  with  the  original  evidence  and  transcript  of  testimony 
filed  with,  or  taken  before  the  state  water  commission,  as  aforesaid,  duly  certified  by 
it,  shall  be  filed  with  the  clerk  of  the  superior  court  of  the  county  in  which  said 
stream  system,  or  any  part  thereof,  is  situated.  Upon  the  filing  of  the  certified  copy 
of  said  order,  evidence,  and  transcript  with  the  clerk  of  the  court  in  which  the  pro- 
ceedings are  to  be  had,  the  state  water  commission  shall  procure  an  order  from  said 
court  setting  a  time  for  hearing.  The  clerk  of  such  court  shall  immediately  furnish 
the  state  water  commission  with  a  certified  copy  of  said  order.  It  shall  be  the  duty 
of  the  state  water  commis.sion  immediately  thereupon  to  mail  a  copy  of  such  certified 
order  of  the  court,  by  registered  mail,  addressed  to  each  known  party  in  interest  at 
his  last  known  place  of  residence,  and  to  cause  the  same  to  be  published  at  least  once 
a  week  for  four  consecutive  weeks  in  some  newspaper  of  general  circulation  pub- 
lished in  each  county  in  which  such  stream  system  or  any  part  thereof  is  located, 
and  the  state  water  commission  shall  file  with  the  clerk  of  the  court  proof  of  such 
service  by  registered  mail  and  by  publication.  Such  service  by  registered  mail  and 
by  publication  shall  be  deemed  full  and  suflicient  notice  to  all  pai-ties  in  interest  of 
the  date  and  purpose  of  such  hearing.      (Amended  IDlli.). 

Sec.  3G6.  At  least  ten  days  prior  to  the  day  set  for  hearing,  all  parties  in  interest 
who  are  aggrieved  or  dissatisfied  with  the  order  of  detenuination  of  the  state  water 
commission  shall  file  with  the  clerk  of  said  court  notice  of  exceptions  to  the  order 
of  determination  of  the  state  water  commission,  which  notice  shall  state  briefly  the 
exceptions  taken,  the  reasons  therefor,  and  the  prayer  for  relief,  and  a  copy  thereof 
shall  be  transmitted  by  registered  mail  at  least  ten  (10)  days  prior  to  such  hearing, 
to  the  state  water  commission  and  to  each  claimant,  who  was  an  adverse  party  to 
any  contest  wherein  such  exceptor  was  a  party  in  the  procceedings.  The  order  of 
determination  by  the  state  water  commission  and  the  statements  or  claims  of  claim- 
ants and  exceptions  made  to  the  order  of  determination  shall  constitute  the  pleadings 
but  the  court  may  allow  such  additional  or  amended  pleadings  as  may  l)e  necessary 
to  a  final  determination  of  the  proceeding.  If  no  exceptions  shall  have  been  fileil 
with  the  clerk  of  the  court  as  aforesaid,  then  on  the  day  set  for  the  hearing,  on  motion 
of  the  state  water  commission,  or  its  attorney,  the  court  shall  enter  a  decree  affirming 
said  order  of  determination.  On  the  day  set  for  hearing  all  parties  in  interest  who 
have  filed  notices  of  exceptions  as  aforesaid  shall  appear  in  person,  or  by  counsel,  and 
it  shall  be  the  duty  of  the  court  to  hear  the  same  or  set  the  time  for  hearing,  until 
such  exceptions  are  disposed  of,  and  all  proceedings  thereunder  shall  be  as  nearly  as 
may  be  in  accordance  with  the  rules  governing  civil  actions.  Whenever  in  the  judg- 
ment of  the  court  the  state  is  a  necessary  party  to  the  action,  the  court  shall  make  an 
order  to  that  effect  and  thereupon  a  copy  of  all  pleadings  and  proceedings  on  tile 
with  the  court  in  said  matter  shall  be  served  upon  the  attorney  genei-al  who  shall 
represent  the  state  therein.      (Amended  1911.) 

Sec.  36c.  For  further  information  on  any  subject  in  controversy,  the  court  may 
employ  one  or  more  qualified  persons  to  investigate  and  report  thereon  under  oath, 
subject  to  examination  by  any  party  in  interest  as  to  his  competency  to  give  expert 
testimony  thereon.  The  court  may  take  additional  evidence  on  any  issue  and  may, 
if  necessary,  refer  the  case  for  such  further  evidence  to  be  taken  by  the  state  water 
commission  as  it  may  direct,  and  may  require  a  further  determination  by  it.  After 
the  hearing,  the  court  shall  enter  a  decree  determining  the  right  of  all  persons 
involved  in  such  proceeding.  Said  decree  shall  in  every  case  declare  as  to  the  water 
right  by  appropriation  adjudged  to  each  party,  the  extent,  priority,  amount,  purpose 
of  use,  point  of  diversion,  and  place  of  use  of  said  water ;  and  as  to  water  used  for 
irrigation,  such  decree  shall  also  declare  the  specific  tracts  of  land  to  which  it  shall  be 
appurtenant,  together  with  such  other  conditions  as  may  be  necessary  to  define  the 
right  and  its  priority.  Upon  the  hearing  the  court  may  assess  and  adjudge  against 
any  party  such  costs  as  it  may  deem  just.  Appeals  from  such  decree  may  be 
taken  to  the  supreme  court  by  the  state  water  commission  or  any  party  in  interest,  in 
the  same  manner  and  with  the  same  effect  as  in  civil  cases.     (Amended  1917.) 


WATER    COMMISSION    LAW.  95 

Sec.  36rf.  A  certified  copy  of  the  decree  of  the  superior  court  shall  be  prepared 
bj-  the  clerk  thereof,  without  charge,  aud  filed  for  record  in  the  office  of  the  county 
recorder  of  each  county  in  which  any  part  of  the  stream  system  is  situated  and  also 
in  the  office  of  the  state  water  commission.  It  shall  be  the  duty  of  the  state  water 
commission  to  issue  to  each  claimant  represented  in  such  determination  a  certificate 
to  be  signed  by  the  president  of  the  state  water  commission,  and  attested  under  seal 
of  the  secretary  of  said  commission,  setting  forth  the  name  aud  post-office  address  of 
the  owner  of  the  right ;  the  priority  of  the  date,  extent  and  purpose  of  such  right ; 
and.  if  such  water  be  for  irrigation  purposes,  a  description  of  the  legal  subdivisions  of 
land  to  which  said  water  is  appurtenant.      (Aiiiendrd  Jf)!!.) 

Sec.  30e.  Whenever  proceedings  shall  be  instituted  for  the  determination  of  rights 
by  appropriation  of  water,  it  shall  be  the  duty  of  all  claimants  interested  therein 
and  having  notice  thereof  as  in  this  act  provided,  to  appear  and  submit  proof  of  their 
respective  claims  at  the  time  and  in  the  manner  required  by  law  ;  and  any  such 
claimant  who  shall  fail  to  appear  in  such  proceedings  and  submit  proof  of  his  claim 
shall  be  barred  and  estopijed  from  subsequently  asserting  any  rights  theretofore 
acquired  upon,  the  stream  system,  embraced  in  such  proceedings,  and  shall  be  held 
to  have  forfeited  all  rights  by  appropriation  to  said  water  theretofore  claimed  by  him 
on  such  stream  system,  unless  entitled  to  relief  under  the  laws  of  this  state ;  provided. 
that  such  proceedings  shall  result  in  a  determination  by  the  state  water  commission 
and  a  decree  by  the  superior  court  determining  the  rights  on  such  stream.  Such 
decree  shall  be  conclusive  as  to  the  rights  by  appropriation  of  all  existing  claimants 
upon  the  stream  system  lawfully  embraced  in  the  determination.      (Amended  1911.) 

Sec.  3G/.  The  state  water  commission  shall  have  authority  and  power  in  making 
a  determination  as  to  the  rights  by  appropriation  of  the  waters  of  any  stream  system, 
to  fix  a  time  limit  for  the  completion  of  all  appropriations  of  water  from  such  stream, 
where  such  rights  of  appropriations  were  initiated  prior  to  December  19.  1914.  and 
since  prasecuted  with  reasonable  diligence,  aud  such  appropriators  having  been  duly 
notified  as  provided  in  this  act,  must  appear  and  submit  their  proofs  of  claim,  in 
accordance  with  section  twenty -eight  of  this  act,  or  they  shall  be  deemed  and  held 
to  be  in  default,  and  to  have  abandoned  or  to  have  no  right,  title  or  interest  in  or  to 
the  waters  of  such  stream.  In  determining  rights  of  such  appropriators,  the  state 
water  commission  shall  prescribe  such  a  reasonable  time  for  the  completion  of  sucli 
appropriations,  and  the  application  of  the  water  appropriated  to  a  beneficial  use, 
as  will  enable  such  appropriators  acting  in  good  faith  and  with  due  diligence  to 
complete  the  same.  The  findings  of  the  state  water  commission  shall  provide  for 
the  submission  of  proof  or  evidence  as  to  the  completion  of  such  appropriation  and 
the  amount  of  water  actually  applied  to  beneficial  use  upon  the  expiration  of  such 
time  limit,  and  shall,  in  accordance  with  such  proof,  outer  supplemental  findings, 
establishing  and  determining  such  rights  of  appropriation,  in  so  far  as  the  same  shall 
have  been  completed  ;  and  certificates  of  water  right  shall  be  i.<!sued  in  accordance  with 
such  supplemental  findings  and  order  of  determination  of  .said  commission  :  but  this 
section  shall  not  be  construed  to  confer  any  rights  of  appropriation  ui)on  parties 
who  shall  have  abandoned  their  .said  appropriations  or  failed  to  use  due  diligence  in 
the  application  of  the  water  to  a  beneficial  use  and  in  the  completion  of  tiieir  ai)i)ro- 
priations ;  and  all  such  appropriators.  who  shall  fail  to  conii)lete  their  said  api»ro- 
priations  within  the  limit  of  time  fixed  by  the  state  water  commission  in  s.iid  find- 
ings, or  such  further  time  grantfd  upon  application  made  i)rior  to  the  expiration  of 
such  time  limit,  as  the  state  water  commission  shall  tind  equitably  and  just,  shall  Ix- 
deemed  to  have  abandoned  their  rights  of  appropriation,  and  rights  acquired  bv 
virtue  thereof  waived,  and  such  appropriators  shall  be  deemed  and  held  to  have  n») 
right,  title  or  interest  in  or  to  the  waters  of  such  stream  by  virtue  of  their  said  appro- 
priations. The  findings  and  determination  of  the  state  water  counnission  made  undt-r 
the  provisions  of  this  section  may  be  reviewed  in  tho  manner  presoril>ed  by  section 
thirty-six  h  of  this  act.      {Amended  1911. \ 

Sec.  37.  The  power  to  supervise  the  distribution  of  water  in  accordance  with  ih'' 
priorities  established  under  this  act,  wln-n  sn<'h  supervision  does  not  contravene  \\\o 


96  CALIFORNIA    STATK    MINING    BUREAU. 

authority  vested  in  the  judiciary  of  the  state,  is  liereby  vested  in  the  state  water 
commission. 

Sec.  38.  Tlie  diversion  or  use  of  water  subject  to  the  provisions  of  this  act  otlier 
than  as  it  is  in  this  act  authorized  is  hereby  declared  to  be  a  trespass,  and  the  stale 
water  commission  is  hereby  authorized  to  institute  in  the  superior  court  in  and  for 
any  county  wherein  such  diversion  or  use  is  attempted  appropriate  action  to  have 
such  trespass  enjoined. 

Sec.  39.  Water  or  the  use  of  water  which  has  heretofore  been  appropriated  or 
acquired,  or  which  shall  hereafter  be  appropriated  or  acquired  for  one  siiecitic  pur- 
pose, shall  not  be  deemed  to  be  appropriated  or  acquired  for  any  other  or  different 
purpose.  And  any  pei'son,  firm,  association  or  corporation  applying:  to  the  statf 
water  commission  for  a  license  to  appropriate  water  or  the  use  of  water  shall  state 
in  the  application  for  said  license  the  specific  purpose  to  which  it  is  proposed  to  put 
such  water  or  the  use  thereof.  Water  heretofore  or  hereafter  appropriated  for  other 
than  domestic  use,  may  be  applied  to  domestic  use,  in  whole  or  in  part,  without  a 
separate  and  distinct  appropriation  being  made  therefor.  And  water  appropriated 
for  one  purpose  under  the  provisions  of  this  act  may  be  subsequently  appropriated 
for  other  purposes  under  the  provisions  of  this  act :  provided,  that  such  subsequent 
appropriation  shall  not  injure  any  previous  appropriation. 

Sec.  40.  The  state  water  commission  is  also  authorized  and  empowered  to  investi- 
gate any  natural  situation  available  for  reservoirs  or  reservoir  systems  for  gathering 
and  distributing  flood  or  other  waters  not  under  beneficial  use  in  any  stream,  stream 
system  or  lake  or  other  body  of  water,  and  to  ascertain  the  feasibility  of  such  projects, 
including  the  supply  of  water  that  may  thereby  be  made  available,  the  extent  and 
character  of  the  areas  that  may  be  thereby  irrigated,  and  make  estimate  of  the  cost 
of  such  project. 

Sec.  41.  Nothing  in  this  act  shall  be  construed  as  depriving  any  city,  city  and 
county,  municipal  water  district,  irrigation  district  or  lighting  district  of  the  benefit 
of  any  law  heretofore  or  hereafter  passed  for  their  benefit  in  regard  to  the  appropria- 
tion or  acquisition  of  water  or  the  use  of  water ;  and  nothing  in  this  act  shall  affect 
or  limit  in  any  manner  whatsoever  the  right  or  power  of  any  municipality  which  has 
heretofore  appropriated  or  acquired  water  or  the  use  of  water  for  municipal  purposes, 
to  use  or  to  sell  or  otherwise  dispose  of  such  water  or  the  use  thereof,  either  within 
or  without  its  limits  for  domestic,  irrigation  or  other  purposes,  in  accordance  with 
laws  in  effect  at  the  time  of  the  passage  of  this  act. 

Sec.  42.  The  word  "water"  in  this  act  shall  be  construed  as  embracing  the  term 
"or  use  of  water"  ;  and  the  term  "or  use  of  water"  in  this  act  shall  be  construed  as 
embracing  the  word  "water."  Whenever  the  terms  stream,  stream  system,  lake  or 
other  body  of  water  or  water  occurs  in  this  act,  such  term  shall  be  interpreted  to 
refer  only  to  surface  water,  and  to  subterranean  streams  flowing  through  known  and 
definite  channels.  But  nothing  in  this  act  shall  be  construed  as  giving  or  confirming 
any  right,  or  title,  or  interest  to  or  in  the  corpus  of  any  water ;  provided,  that  the 
term  "useful  or  beneficial  purposes"  as  used  in  this  act  shall  not  be  construed  to  mean 
the  use  in  any  one  year  of  more  than  two  and  oue-half  acre-feet  of  water  per  acre  in 
the  irrigation  of  uncultivated  areas  of  land  not  devoted  to  cultivated  crops. 

Sec.  43.  Nothing  in  this  act  shall  be  construed  as  depriving  any  person,  firm,  asso- 
ciation or  corporation  of  the  right  of  appeal  conferred  under  the  laws  of  this  state. 

Sec.  44.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

Sec.  45.     This  act  shall  be  known  as  the  "water  commission  act." 

Sec.  4G.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this  act  is  for 
any  reason  held  to  be  unconstitutional,  such  decision  shall  not  affect  the  validity  of 
the  remaining  portions  of  this  act.  The  legislature  hereby  declares  that  it  would 
have  passed  this  act,  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof, 
irrespective  of  the  fact  that  any  one  or  more  other  sections,  subsections,  sentences, 
clauses  or  phrases  be  declared  unconstitutional. 


MINING    CLAIMS,    MINERALS   AND    MINING   LANDS.  97 

EXTRACTS   FROM    BULLETIN    No.  61,   U.   S.    BUREAU   OF   MINES. 

ABSTRACT  OF  CURRENT  DECISIONS  ON  MINES 
AND  MINING. 

Discovery  Necessary. 

There  can  be  no  valid  location  of  a  mining  claim  until  a  sufficient  actual  discovery 
of  mineral  is  made  on  the  claim  and  no  question  of  the  doing  of  annual  assessment 
work  is  involved,  as  it  is  only  after  such  a  discovery,  when  actual  possession  is  no 
longer  necessary  to  protect  the  location  against  subsequent  locators,  that  annual 
assessn  ent  work  is  essential  to  prevent  a  forfeiture. 

(Borgwardt  vs.  McKittrick  Oil  Co.,  130  Pac.  417   (Cal.),  March,  1913.) 

Character  of  Minerals  Subject  to  Location. 

In  a  contest  between  a  placer  and  a  lode  locator  a  court  has  jurisdiction  to  deter- 
mine whether  the  mineral  land  in  controversy  was  of  a  character  which  entitled  it  to 
be  located  as  a  placer  mine,  or  whether  it  could  only  be  entered  as  a  lode  mining 
claim,  for  the  reason  that  if  the  land  was  not  subject  to  location  as  a  placer  claim 
the  placer  claimant  obtained  no  possessory  right  thereto. 

(San  Francisco  Chemical  Co.  vs.  Dvffield,  201  Fed.  830,  p.  834,  November,  1912.) 

Lands  Already  Appropriated. 

No  right  to  a  mining  claim  can  be  initiated  whi'e  the  ground  is  in  possession  of 
another  who  has  the  right  to  its  possession  under  an  earlier  lawful  location,  nor  can 
such  a  claim  be  initiated  by  forcible  or  fraudulent  entry  upon  land  in  possession  of 
one  who  has  no  right  either  to  the  possession  or  to  the  title. 

{San  Francisco  Chemical  Co.  vs.  Duflield,  201  Fed.  830,  p.  834.) 

Marking  Boundaries. 

The  marking  upon  the  ground  of  the  boundaries  of  a  mining  location  should  be 
made  so  certain  and  so  plain  that  any  one  prospecting  in  the  same  locality  would 
have  no  trouble  in  locating  the  exact  ground  claimed ;  but  any  makings  on  the 
ground  by  stakes,  monuments,  mounds,  and  written  notices  whereby  the  boundaries 
can  be  readily  traced,  are  sufficient,  and  if  a  third  party  is  intending  to  locate  can 
readily  ascertain  from  what  has  been  done  by  the  prior  locator,  the  extent  and 
boundaries  of  the  existing  location,  then  the  statute  has  been  sufficiently  complied 
with. 

(Madeira  vs.  Sonoma  Magnesite  Co.,  130  Pac.  175  (Cal.),  December,  1912.) 

Failure  to  Mark  Boundaries. 

A  locator  of  a  mining  ground  who  failed  to  definitely  mark  the  boundaries  of  his 
location  and  left  his  claim  unmarked  from  September,  1905,  to  June,  1906,  and  knew 
that  another  person  had  located  a  part  of  the  same  ground  and  performed  a  largo 
amount  of  labor  thereon  without  knowledge  of  such  prior  location,  did  not  act  within 
a  reasonable  time  in  definitely  marking  his  claim  on  the  ground  so  that  its  boundaries 
could  be  readily  traced. 

(Madeira  vs.  Sonoma  Magnesite  Co.,  130  Pac.   (Cal.),  December,  1912.) 

Excessive  Ground. 

A  mining  location  duly  made  according  to  the  mining  laws  is  not  invalid  where 
the  locator  includes  within  the  boundaries  of  his  claim  more  than  the  law  permits,  as 
in  such  case  he  is  entitled  to  hold  to  the  limit  which  the  law  authorizes  within  the 
limits  he  has  laid  out,  and  the  territory  embraced  within  his  boundaries  in  excess 
of  such  limits  is  to  be  rejected  ;  but  where  a  locator  relies  upon  the  corners  established 
and  marked  out,  a  different  rule  governs,  and  if  the  courses  are  so  widely  separated 

7-38518 


98  CALIFORNIA    STATE   MINING    BUREAU. 

from  where  they  should  be  as  to  bear  no  relation  to  the  lode,  and  so  remote  as  to 
justifj'  reasonable  inference  that  they  were  not  intended  to  apply  to  the  lode  in 
question,  they  would  add  little  if  any  force  to  the  claim  that  the  law  had  been  com- 
plied with,  and  especially  so  where  the  notice  once  posted  at  the  discovery  point  had 
disappeared  or  where  the  lode  line  was  not  distinctly  marked. 

(Madeira  vs.  Sonoma  Magnesite  Co.,  130  Pac.  175  (Cal.),  December,  1912.) 

Entry  on  Existing  Location. 
A  provisional  location  can  not  be  made  upon  an  existing  mining  claim  with  the 
intention  on  the  part  of  the  locator  that  the  validity  of  such  provisional  location 
depends  on  whether  or  not  the  prior  locator  fails  to  do  the  annual  assessment  work 
and  thereby  forfeits  the  existing  claim. 

(Rooneij  vs.  Barndie,  200  Fed.  700,  p.  708,  October,  1912.) 

Placer  Claims. 

By  a  placer  claim  is  meant  ground  within  defined  boundaries  containing  mineral  in 
its  earth,  sand  or  gravel — gi-ound  that  includes  valuable  deposits  not  in  place,  nor 
fixed  in  rock,  but  which  are  in  a  loose  state  and  that  may  usually  be  collected  by 
washing  or  amalgamation  without  milling. 

{San  Franciscoc  Chemical  Co.  vs.  Dvffield,  201  Fed.  S30,  p.  886,  November,  1912.) 

Placer  and  Lode  Claims — Rock  Phosphate. 

Calcium  phosphate  or  rock  phosphate  found  in  place  having  a  dip  and  strike, 
firmly  fixed  in  the  mass  of  a  mountain  and  occurring  between  strata  of  limestone, 
chert,  and  shale,  where  the  line  of  demarcation  between  veins  of  such  phosphate  rock 
and  wall  rock  of  limestone  or  shale  is  well  defined  and  distinct,  and  where  the  dis- 
tinction between  such  phosphate  rock,  having  commercial  value,  is  readily  determfced 
by  visual  inspection,  is  subject  to  location  under  the  mining  laws  only  as  a  vein  or 
lode  and  not  as  a  placer  claim. 

(San  Fran<nsco  Chemical  Co.  vs.  Duffield,  201  Fed.  830,  p.  836,  November.  1912.) 


EXTRACTS    FROM    BULLETIN    No.   90,    U.    S.    BUREAU    OF    MINES. 

Mining  Claims. 

MINERAL  CHARACTER  OF  LAND. 

Classification — Meaning  of  Vein  and  Lode. 

In  order  to  determine  whether  lands  containing  a  given  mineral  deposit  are  of  the 
class  subject  to  location  and  patent  under  the  law  applicable  to  lode  claims,  resort 
is  to  be  had  to  the  language  of  the  statute  rather  than  to  definitions  of  the  terms 
"vein,"  "lode,"  and  "ledge"  as  given  by  geologists  from  a  scientific  viewpoint :  but  the 
statute  is  to  be  construed  in  the  light  of  the  prevailing  and  commonly  known  use  of 
these  terms  as  defined  by  miners  as  the  result  of  their  practical  experience  in  mining, 
and  the  definitions  given  by  the  courts  are  not  those  of  geologists,  but  are  to  be 
considered  and  used  in  the  signification  which  they  convey  to  the  practical  miner 
and  not  in  the  sense  generally  used  by  the  scientific  men. 

(East  Titanic  Min.  Co.,  In  re,  43  Land  Dec,  79,  p.  81,  January,  1914.) 

GENERAL  FEATURES. 
Mine — What  Constitutes. 

A  mine  is  variously  defined :  An  opening  or  excavation  in  the  earth  for  the  purpose 
of  extracting  minerals ;  a  pit  or  excavation  in  the  earth  from  which  metallic  ores  or 
other  mineral  substances  are  taken  by  digging ;  an  opening  in  the  earth  made  for  the 


MINING    CLAIMS,    MINERALS    AND    MINING    LANDS.  99 

purpose  of  taking  out  minerals,  and  in  case  of  coal  mines,  commonly  a  worked  vein  ; 
an  excavation  properly  underground  for  digging  out  some  usual  product,  as  ore,  metal, 
or  coal,  including  any  de[X)sit  of  any  material  suitable  for  excavation  and  working,  as 
;i  placer  mine ;  the  underground  passage  and  workings  by  which  the  minerals  are 
gotten  together  with  these  minerals  themselves ;  the  term  "mine"  when  applied  to  coal 
is  generally  equivalent  to  a  worked  vein,  for  by  working  the  vein  it  becomes  a  mine ; 
the  mode  of  obtaining  the  material  and  not  the  nature  of  the  material  itself  is  to  be 
considered  in  order  to  come  to  a  decision  whether  it  constitutes  a  mine. 

(.Northern  Pa<;.  R.  Co.  vs.  M jelde  (Montana),  137  Pacific,  386,  p.  389,  Decem- 
ber, 1913.) 

Extent  of   Claim. 
The  locator  of  a  lode  mining  claim  can  not  claim  a  greater  length  in  either  direc- 
tion along  the  vein  or  lode  than  is  specified  in  his  location  notice. 

(fiwanston  vs.  K(meniri(i(r  (Idaho),  137  Pacific.  891,  p.  892,  December,  1913.) 

Amended  Location. 

The  locator  of  a  mining  claim  may  amend  his  location  if  it  can  be  done  without 
prejudice  to  the  rights  of  others. 

(Gobert  vs.  Butterfield  (California),  13G  Pacific,  316,  p.  517,  October,  1913.) 

Excessive  Location — Effect. 
A  location  in  excess  of  the  statutory  limit,  made  in  good  faith  and  with  injury  to 
others,  is  voidable  only  as  to  the  excess. 

{Qolert  vs.  Butterfield   (California),  136  Pacific,  516,  p.  517,  October,  1913.) 

MARKING  BOUNDARIES. 
Marking  Boundaries  on  the  Ground — Purpose. 

The  object  of  the  law  in  requiring  the  location  of  the  mining  claim  to  be  marked 
upon  the  ground  is  to  fix  the  claim  to  prevent  floating  or  swinging,  so  that  persons 
who  in  good  faith  are  looking  for  unoccupied  ground  in  the  vicinity  of  the  location 
may  be  enabled  to  ascertain  exactly  what  ground  has  been  appropriated  in  order  to 
make  their  locations  upon  the  residue. 

{Swanst&n  vs.  Koneninger  (Idaho),  137  Pacific,  891,  p.  893,  December,  1913.) 

Marking  Boundaries — Effect  and  Obliteration. 

When  a  mining  claim  is  once  sutficiently  marked  on  the  ground  and  all  necessary 
location  acts  are  performed,  the  locator  is  vested  with  a  right  which  can  not  be 
divested  by  a  subsequent  obliteration  of  the  marks  or  removal  of  the  stakes,  without 
his  fault,  and  the  fact  that  the  original  stakes  can  not  in  later  years  be  found  raises 
no  presumption  against  the  validity  of  the  original  marking. 

(Gobert  vs.  Bvtterfield  (California),  136  Pacific,  516,  p.  517,  October,  1913.) 

ASSESSMENT  WORK. 

Construction  of  Road. 

Labor  i>erformed  by  the  owner  of  a  mining  claim  in  constructing  a  wagon  road 
thereto  for  the  purpose  of  better  developing  and  operating  his  mine  and  for  the 
purpose  of  aiding  in  the  conduct  of  mining  operations  on  the  particular  claim  to 
which  it  is  sought  to  be  accredited,  the  value  whereof  is  duly  certified  by  the  surveyor 
general,  may  be  accredited  as  assessment  work  or  as  development  work  rcciuired  as  a 
prerequisite  to  the  issuance  of  a  patent. 


100  CALIFORNIA    STATE  MINING   BUREAU. 

IMPROVEMENTS. 

Expenditures  for  Drill  Holes. 

Expenditures  made  upon  drill  holes  placed  upon  a  lode  mining  claim  in  good  faith 
with  a  view  to  prospect  the  claim,  or  in  order  to  secure  data  upon  which  further 
development  work  may  be  performed,  are  available  toward  meeting  the  statutory 
provision  requiring  an  expenditure  of  $500  as  a  basis  of  patent,  as  to  all  of  the 
claims  of  a  group  situated  in  close  proximity  to  the  common  improvement. 

(East  Titanic  Min.  Co.,  In  re,  43  Land  Dec,  79,  p.  83,  January,  1914.) 


EXTRACTS  FROM    BULLETIN   No.  101,   U.  S.   BUREAU  OF   MINES. 

Mining  Claims. 

GENERAL  FEATURES. 

Mining  Locations  on  Apex  of  Vein. 

The  course  of  a  vein  appearing  on  the  surface  is  the  course  of  its  apex,  and  as  a 
miner  is  required  to  locate  his  claim  along  the  vein  this  means  that  he  must  locate 
it  along  the  outcrop  or  course  of  the  apex  if  it  is  found  impracticable  for  him  to 
locate  it  along  the  strike  of  the  vein. 

(Stewart  Mining  Co.  vs.  Bourne,  218  Fed.,  327,  p.  329.) 

PLACER  CLAIMS. 
Known  Lodes — Placer  Patent. 

Neither  a  deed  for  a  placer  location  nor  a  lode  location  upon  the  land  by  the  placer 
applicant  himself  is  prima  facie  evidence  of  a  known  lode,  and  both  are  deprived  of 
all  value  by  evidence  of  the  nonexistence  of  a  lode,  and  a  lode  subsequently  located 
within  the  placer  limits  can  not  be  "known  to  exist"  at  the  time  of  a  placer  appli- 
cation for  patent,  where  it  appears  that  it  was  in  fact  discovered  in  the  bedrock 
when  the  placer  deposits  were  removed  by  extensive  work  long  subsequent  to  the 
patent  application. 

(Barnard  Realty  Co.  vs.  Nolan,  215  Fed.,  996,  p.  998.) 

Title  to  Known  Lodes. 

Known  lodes,  though  unidentified  and  indefinite,  are  excepted  and  excluded  from 
placer  patents,  and  title  to  them  remains  in  the  United  States,  and  at  any  time 
thereafter  they  may  be,  by  strangers,  to  the  patent,  possessed,  located,  and  patented 
as  any  other  lode  upon  public  lands. 

(Barnard  Realty  Co.  vs.  Nolan,  215  Fed.,  996,  p.  999.) 

Application  for  Placer  Patent — Ownership  of  Known  Lodes. 

Where  lodes  known  to  exist  are  excepted  from  a  placer  grant,  title  to  them  con- 
tinues in  the  United  States  and  they  are  open  to  location  as  lodes  in  public  land  by 
third  persons  at  any  time. 

(Clark  Montana  Realty  Co.  vs.  Ferguson,  218  Fed.,  959,  p.  963.) 


MINING    CLAIMS,    MINERALS   AND    MINING   LANDS.  101 

EXTRACTS   FROM    BULLETIN   No.   113,  U.  S.   BUREAU   OF   MINES. 

Minerals  and  Mineral  Lands. 

MINERALS. 

Oil  and  Gas  as  Minerals. 

Oil  and  gas  within  the  ground  are  minerals  and  the  fact  that  they  have  attributes 
not  common  to  other  minerals  because  of  their  fugitive  nature  or  vagrant  habit,  and 
the  disposition  to  percolate,  and  the  possibility  of  their  escape  from  beneath  one  part 
of  the  surface  to  another,  does  not  remove  them  from  the  class  of  minerals. 

(Texas  Co.  vs.  Dougherty  (Texas),  176  Southwestern,  717,  p.  719,  May,  1915.) 

Mining  Claims. 

NATURE  AND  GENERAL  FEATURES. 

Nature  of  State  Statutes. 

The  disposition  of  mining  ground  is  wholly  within  the  control  of  the  federal  gov- 
ernment, and  state  statutes  for  regulation  of  the  location  of  mining  claims  and  for 
protection  of  the  possession  thereof  are  statutes  of  peace  and  repose,  intended  to 
prevent  disorder  in  claiming  and  holding  mining  ground. 

(Florence-Rae  Copper  Co.  vs.  Kimbel  (Washington),  147  Pacific,  881,  p.  884, 
January,  1915.) 

Method  of  Acquiring  Claim. 

Congress  has  provided  how  mining  claims  can  be  acquired,  and  this  may  be  done 
by  discovery  of  mineral,  gold,  silver,  or  copper,  and  like,  upon  the  public  lands  and 
by  staking  the  same  off  or  marking  it  upon  the  ground. 

(Trinity  Gold  Dredging  d  Hydraulic  Co.  vs.  Beaudry,  223  Federal,  739,  p.  741, 
May,  1915.) 

Mining  Claim  as  Property. 

A  mining  claim  when  perfected  is  declared  to  be  property  in  the  highest  sense  of 
the  term,  and  may  be  bought,  sold,  and  conveyed,  and  will  pass  by  descent. 

(Trinity  Gold  Dredging  £  Hydraulic  Co.  vs.  Beaudry,  223  Federal,  739,  p.  741, 
May,  1915.) 

(See  United  States  Mining  Statutes  Annotated,  32,  93,  122,  188,  701.) 

Mining  claims  are  property  in  the  fullest  sense  of  the  word,  distinct  from  the  land 
ilself,  vendable,  inheritable,  and  taxable. 

(Earhart  vs.  Powers  (Arizona),  148  Pacific,  28G,  p.  287,  May,  1915.) 

DISCOVERY. 
Location  Without  Discovery — Effect  and  Value. 

A  mining  location  under  the  United  States  Statutes,  without  discovery  of  minerals, 
can  not  be  said  to  be  totally  invalid  and  of  no  effect,  as  the  title  by  such  location 
and  possession  is  good  as  against  every  person  contending  against  it,  except  the 
government  of  the  United  States ;  and  a  transfer  of  such  a  location  gives  the  trans- 
feree the  right  to  proceed  to  prosecute  work  with  a  view  of  making  a  discovery  of  oil 
and  such  possession  can  not  be  disturbed  by  strangers,  and  is  good  and  the  right  to 
such  possession  is  suflScient  as  a  consideration  for  a  lease. 

(Hullinger  vs.  Big  Sespe  Oil  Co.  (California),  151  Pacific,  269,  p.  370,  August, 
1915.) 


102  CALIFORNIA    STATE   MINING   BUREAU. 

EXTRALATERAL  RIGHTS. 

Ownership  of  Ores  at  Intersection  of  Veins. 
The  owner  of  a  senior  location  owns  all  the  ore  in  a  vein  apexing  within  his 
location  and  owns  all  the  ore  at  the  point  of  intersection  of  his  vein  and  a  vein 
apexing  in  the  junior  location  and  is  not  subject  to  the  charge  of  being  a  trespasser 
while  extracting  and  removing  the  ore  at  such  point  of  intersection. 

Esselstyn  vs.  United  States  Gold  Corporation  (Colorado),  149  Pacific,  93,  p.  9.^, 
June,  1915.) 

ASSESSMENT  WORK. 

Expenses  Incurred  in  Moving  Machinery. 
The  expenses  of  getting  heavy  machinery  to  a  mining  claim  and  a  mine  thereon 
which,  when  in  use,  will  tend  to  the  development  of  the  claim  will  be  allowed  on  the 
annual  assessment  work  on  such  claim,  although  the  machinery  and  expenses  incurred 
are  not  within  the  boundaries  of  the  claim. 

(Florence-Rae  Copper  Co.  vs.  Eimhel  (Washington),  147  Pacific,  881,  p.  88-5, 
January,   1915.) 

POSSESSORY  RIGHTS, 

Conditions — Performance  of  Assessment  Work. 
The  right  of  continuous  occupation  of  a  mining  claim  properly  located  under  the 
statute  may  be  maintained  by  keeping  up  the  assessment  work  prescribed  by  law : 
and  this  may  be  done  without  incurring  the  obligation  toward  the  government  of 
buying  and  paying  for  the  same ;  and  when  a  person  entitled  to  the  benefit  of  the 
statute  has  made  a  location  in  accordance  therewith  and  has  gone  into  possession 
of  the  same,  he  is  said  to  be  the  owner  and  in  the  possession  of  the  mining  claim 
thus  located. 

(Trinity  Gold  Dredging  d  Hydraulic  Co.  vs.  Beaudry,  223  Federal,  739,  p.  741, 
May,  1915.) 

MINING  PARTNERSHIPS. 
Joint  Owmership  and  Operation. 

Under  the  Civil  Code  of  California  (section  2511),  a  mining  partnership  exists 
when  two  or  more  persons  who  own  or  acquire  a  mining  claim  for  the  purpose  of 
working  it  and  extracting  the  minerals  therefrom  actually  engage  in  working  the 
same  :  but  the  actual  working  of  the  mine  by  the  joint  owners  is  essential  to  the 
mining  partnership. 

(Peterson  vs.  Beggs  (California  Appeals),  148  Pacific,  541,  p.  542,  March,  1915.)- 


EXTRACTS   FROM    BULLETIN    No.   143,   U.   S.    BUREAU   OF   MINES. 

Mining  Claims. 

DISCOVERY. 

Discovery  Essential  to  Valid  Location. 

A  location  of  a  mining  claim  can  not  be  made  as  against  the  government  without 
the  discovery  of  minerals  within  the  limits  of  the  claim. 

(United  States  vs.  Midway  Northern  Oil  Co.,  232  Federal,  619,  p.  624.) 

Liberal  Construction  of  Statute. 

In  the  matter  of  a  discovery,  the  first  essential  to  a  valid  location  under  the  mining 
statutes,  the  extreme  liberality  of  the  courts  in  the  construction  and  application  of 
the  statute  has  been  manifested  in  hundreds  of  cases. 

(Jim  Butler-Tonopah  Mining  Co.  vs.  West  End  Consolidated  Mining  Co.  (Nevada), 
158  Pacific,  875,  p.  880,  June,  1916.) 


MINING    CLAIMS,    MINERALS    AND    xMINING    LANDS.  103 

VEIN. 

Limestone  Belt  as  a  Vein. 

A  stratum  of  limestone  through  which  a  mineral  streak  containing  ore  bodies  can 
be  traced  and  with  overlying  and  underlying  beds  of  quartzite  marking  its  limits  and 
that  can  be  followed  on  its  bed  through  a  network  of  openings  from  the  apex  to 
certain  disputed  ore  bodies,  is  a  vein  within  the  meaning  of  the  United  States 
statutes  granting  extralateral  rights. 

(Wall  vs.  United  States  Mining  Co.,  232  Federal,  613,  p.  615.) 

SURFACE  VEINS. 

Effect  of  End  Lines. 

The  end  lines  of  a  mining  claim  as  the  locator  placed  them,  with  the  single  excep- 
tion of  when  by  mistake  he  locates  his  claim  across  instead  of  along  the  discovered 
vein,  fix  the  limit  beyond  which  he  may  not  go  in  the  appropriation  of  any  vein  or 
veins  whose  apex  or  apexes  are  found  w-ithin  the  surface  lines  of  his  claim,  and  the 
end  lines  of  the  original  discovery  vein  are  the  end  lines  of  all  the  veins  discovered 
within  the  surface  boundaries  of  his  claim. 

PATENTS. 

Nature  of  Proceeding  in  Land  Department. 

The  proceeding  for  a^  patent  for  a  mining  claim  iu  the  Land  Department  is 
judicial  in  its  character,  in  the  nature  of  a  proceeding  in  rem,  and  its  judgment  by 
default  where  the  proper  notice  of  application  has  been  given  is  as  conclusive  and 
impervious  to  collateral  attack  as  its  judgment  after  contest. 

{Conkling  Mining  Co.  vs.  Silver  King  Coalition  Mines  Co.,  230  Federal,  553, 
p.  559.) 

Application — Compliance  with  Statute — Decision  of  Land  Department. 

To  entitle  the  locator  of  a  mining  claim  to  a  patent  he  is  re^iuired  to  locate  the 
tract  claimed,  not  exceeding  1,500  feet  in  length  and  300  feet  on  each  side  of  the 
vein,  to  file  in  the  proper  land  office  an  application  for  a  patent,  together  with  a  plat 
and  field  notes  of  the  claim  made  by  or  under  the  direction  of  the  surveyor  general, 
showing  the  boundaries  of  the  claim  distinctly  marked  on  the  ground  so  they  can  be 
readily  traced,  to  post  a  copy  of  such  a  plat  with  a  notice  of  the  application  for 
patent  on  the  claim,  to  file  an  affidavit  of  two  persons  that  the  notice  was  duly 
published  60  days,  to  file  with  the  register  of  the  Land  Department  a  certificate  of 
the  surveyor  general  that  $500  worth  of  labor  had  been  expended  in  improvements 
on  the  claim  and  that  the  plat  filed  is  correct,  and  to  file  his  own  affidavit  that  the 
plat  and  notice  were  posted  on  the  claim.  The  question  whether  or  not  the  applicant 
has  sufficiently  shown  compliance  with  these  and  other  conditions  specified  by  the 
acts  of  Congress  and  is  entitled  to  a  patent,  is  the  ultimate  question  which  the 
Land  Department  is  empowered  and  required  to  decide  before  the  issuance  of  a  patent 
for  a  mining  claim. 


EXTRACTS    FROM    BULLETIN    No.    152,    U.    S.    BUREAU    OF    MINES. 

Mining  Claims. 

VEIN  OR  LODE. 

Vein — What  Constitutes. 
A  vein  or  lode  oomes  within  the  meaning  of  the  United  States  mining  statutes  so 
long  as  thnre  is  a  Assure  or  gouge  or  .any  evidence  of  mineralization  which  will  lead  a 
l)ractical  miner  from  one  ore  bo<ly  to  another  and  which  does  in  the  course  of  his 
work  so  lead  him. 

{Alameda  Mining  Co.  vs.  Success  Mining  Co.  (Idaho),  161  Pacific,  862,  p.  S65.) 


104  CALIFORNIA    STATE   MINING   BUEEAU. 

Lode — What  Constitutes. 

Tilted  beds  of  sedimentary  strata  containing  ore  would  by  the  geologist  be  called 
beds  and  not  lodes ;  but  the  intent  of  the  United  States  mining  statutes  is  not  to 
make  distinctions  based  upon  genetic  principles.  What  the  geologist  might  call 
beds  of  ore  the  courts  may  find  to  be  lodes  within  the  meaning  of  the  United  States 
mining  statutes  authorizing  the  location  of  mining  claims  upon  the  public  domain. 

{Alameda  Mining  Co.  vs.  Success  Mining  Co.     (Idaho),  161  Pacific,  862,  p.  865.) 

APEX  OF  VEIN. 
Terminal  Edge  of  Vein. 

An  apex  is  the  top  or  terminal  edge  of  a  vein  on  the  surface,  or  the  nearest  point 
to  the  surface,  and  must  be  the  top  of  the  vein  proper,  rather  than  of  a  spur,  and 
must  be  a  point  from  which  the  vein  has  a  dip  as  well  as  a  strike. 

(Alameda  Mining  Co.  vs.  Success  Mining  Co.  (Idaho),  161  Pacific,  862,  p.  865.) 

DISCOVERY. 

No  Rights  Acquired  Without  Discovery. 

A  person  who  enters  upon  the  public  domain  and  locates  land  for  its  mineral 
contents,  as  oil  lands,  though  he  may  erect  appropriate  monuments  and  post  and 
properly  file  location  notices,  if  he  makes  no  discovei-y  of  minerals  or  oil,  he  acquires 
no  right  of  any  nature  against  the  Government  or  any  private  individual,  save  the 
right  to  proceed  with  diligence  to  effect  an  actual  discovery  of  minerals,  gas  or  oil. 

(United  States  vs.  McCutcheon,  238  Fed.,  575,  p.  579.) 

Status  in  Absence  of  Discovery. 

The  status  of  a  locator  of  a  mining  claim  in  the  absence  of  a  discovery  is  in  the 
nature  of  a  tenant  at  sufferance. 

(United  States  vs.  McCutcheon,  238  Fed.  575,  p.  580.) 

MARKING  BOUNDARIES. 

Compliance  with  Statute. 

As  against  a  subsequent  locator  who  has  actual  knowledge  of  the  existence  of  a 
mining  claim  and  who  had  assisted  in  perfonning  the  assessment  work  for  the  year 
previous  to  his  attempted  relocation,  it  is  sufficient  that  the  original  location  was 
distinctly  marked  on  the  ground  so  that  its  boundaries  could  be  readily  traced. 

(Gold  Creek  Antimony  Mines  d  Smelter  Co.  vs.  Perry  (Washington),  162  Pacific, 
996,  p.  999.) 

Marking  Boundaries  Upon  the  Ground. 

The  United  States  mining  statutes  (R.  S.  2324)  require  a  location  to  be  distinctly 
marked  upon  the  ground,  with  the  name  of  the  locator,  the  date  of  location  and  such 
references  to  natural  objects  or  permanent  monuments  as  will  identify  the  claim. 
These  provisions  are  supplemented  by  the  statute  of  Washington  (Remington  Code, 
Sec.  7379).  The  purpose  of  the  United  States  statute  and  of  the  State  statute  is  to 
give  notice  to  prospectors  who  are  looking  for  mineral  locations  of  what  has  been 
already  appropriated  in  order  that  they  may  govern  themselves  accordingly.  It  is 
also  the  purpose  to  prevent  fraud  by  swinging  or  floating.  In  accomplishing  these 
purposes,  courts  are  inclined  to  be  liberal  with  persons  making  mining  locations,  and 
are  not  inclined  to  defeat  a  claim  of  a  locator  who  has  in  good  faith  attempted  to 
comply  with  the  requirements  of  the  law  by  technical  criticism  of  the  act  relied  upon 
to  constitute  a  valid  location. 

(Gold  Creek  Antimony  Mines  &  Smelter  Co.  vs.  Perry  (Washington),  162  Pacific, 
996,  p.  997.) 


MINING    CLAIMS,    MINERALS   AND    MINING    LANDS.  105 

DESCRIPTION. 

Survey — Monuments  Control  Distance. 

Where  mining  claims  were  actually  surveyed  out  on  the  ground  and  the  four 
corners  established  and  if  in  the  application  of  descriptions  in  the  patent  to  the 
claims  as  surveyed,  a  latent  ambiguity  arises  in  that  a  distance  called  for  conflicted 
with  the  comers  as  established  for  the  mining  claims,  then  the  mining  claim's 
corners  as  fixed  control  the  call  for  distance  as  given  in  the  patent  and  distance 
called  must  yield  to  the  established  corners  of  the  claims. 

(Plummer  vs.  McLain   (Texas  Civil  App.),  192  Southwestern,  571,  p.  575.) 

ASSESSMENT  WORK. 

Time  of  Performance — Resuming  Work. 

The  United  States  mining  statutes  (sec.  2324)  require  that  all  locators  of  mining 
claims  perform  $100  worth  of  work  during  each  year  to  entitle  them  to  hold  the  claim 
as  against  a  relocator.  After  the  year  in  which  a  location  is  made  the  entire  assess- 
ment work  must  be  performed  during  each  year  and  must  be  completed  within  each 
calendar  year,  or  a  third  person  may  enter  and  relocate  the  claim,  unless  the  locator 
has  resumed  work  after  his  failure  to  complete  the  same  before  a  relocation  is  made. 
If  a  locator  or  owner  has  begun  the  assessment  work  before  the  expiration  of  any 
given  year  and  is  carrying  on  to  completion  such  work  the  claim  is  not  subject  to 
relocation,  although  the  locator  or  owner  is  not  ou  a  particular  day  upon  the  claim 
dt  work. 

(Plough  vs.  Nelson  (Utah),  161  Pacific,  1134.) 

Proof  of  Failure  to  Perform  Assessment  Work. 

A  person  who  has  been  acquainted  with  a  mining  location  for  years,  familiar  with 
its  workings,  and  who  assisted  in  doing  the  assessment  work  for  the  previous  year, 
must  make  a  strong  case  of  failure  of  the  prior  locator  to  perform  the  annual  assess- 
ment work  before  he  can  be  heard  to  say  the  ground  was  vacant  and  unoccupied  and 
subject  to  relocation  by  him. 

{Gold  Creek  Antimony  Mines  &  Smelter  Co.  vs.  Perry  (Washington),  162  Pacific, 
996,  p.  997.) 

EXTRALATERAL  RIGHTS. 

Termination  of  Vein. 

The  fact  that  a  vein  terminates  against  a  granite  or  monzonite  at  one  end  does 
not  affect  the  extralateral  rights  given  by  the  provisions  of  section  2322  of  the 
United  States  Revised  Statutes.  Where  a  vein  so  terminates  the  locator  would  be 
entitled  to  have  the  end  line  pass  through  such  point  of  termination  parallel  with 
the  vertical  plane  of  the  other  end  line,  thus  giving  him  the  extralateral  right  of 
the  pursuit  of  the  vein  between  the  planes  bounded  by  these  end  lines  beneath  all 
other  mining  claims  under  which  it  dips. 

{Alameda  Mining  Co.  vs.  Success  Mining  Co.   (Idaho),  161  Pacific,  862,  p.  865.) 

Bases — Right  to  Follow  Vein. 

The  provisions  of  section  2322,  United  States  Revised  Statutes,  is  determined  by 
the  apex  on  the  surface  upon  which  the  prospector  makes  his  location  and  the  dip  of 
the  vein,  and  not  upon  the  levels  in  the  depth  of  the  earth  opened  and  disclosed  in  the 
working  of  the  mine. 

{Alameda  Mining  Co.  vs.  Succeaa  Mining  Co.  (Idaho),  161  Pacific,  862,  p.  866.) 


106  CALIFORNIA    STATE   MINING    BUREAU. 

Course  of  Vein. 

The  course  of  a  vein  is  not  determined  by  its  direction  at  any  single  given  point 
where  the  vein  is  a  croolied  one.  A  locator's  extralateral  rights  must  be  determined 
by  the  course  of  the  vein  at  its  apex  at  the  surface  of  the  claim.  The  most  prac- 
tical rule  is  to  regard  the  course  of  the  vein  as  that  which  is  indicated  by  the  surface 
outcropping  or  surface  exploration  and  workings.  The  lower  levels  of  a  mine 
frequently  show  a  different  direction  of  the  vein  from  that  which  guided  the  miner 
in  making  his  location  and  are  at  variance  with  conditions  shown  in  openings 
nearest  to  the  surface. 

{Alameda  Mining  Co.  vs.  Success  Mining  Co.  (Idaho),  161  Pacific,  862,  p.  866.) 

Expert  and  Positive  Testimony, 

The  positive  testimony  of  miners  who  mined  the  ore  and  developed  the  mine  and 
the  engineers  and  others  who  made  actual  surveys  of  the  mine  involved  in  a  contro- 
versy as  to  extralateral  rights  must  be  taken  for  more  than  the  speculative  theories 
of  experts  on  the  geology  and  formation  of  ore  bodies  and  the  mineralization  of  veins. 
Physical  facts  should  be  given  greater  weight  than  mere  expert  opinion  and  specu- 
lative theories. 

(Alameda  Mining  Co.  vs.  Success  Mining  Co,  (Idaho),  161  Pacific,  862,  p.  868.) 


INDUSTRIAL  ACCIDENT   COMMISSION    OF   THE   STATE   OF   CALIFORNIA. 

525  Market  Street,   San  Francisco. 
Union  League  Building,  Los  Angeles. 

MINE  SAFETY  RULES. 

Effective  January  1,  1916. 

Sections  51  to  72,  inclusive,  of  the  Workmen's  Compensation,  Insurance  and  Safety 
Act  give  the  Industrial  Accident  (Commission  power  to  make  and  enforce  safety 
orders,  rules  and  regulations,  to  prescribe  safety  devices,  to  fix  safety  standards,  and 
to  order  the  reporting  of  accidents. 

The  phrase  "place  of  employment"  is  defined  in  such  a  way  that  mining  operations 
are  included  within  the  provisions  of  the  act.  It  is  stated  that  the  terms  "safe" 
and  "safety"  as  applied  to  an  employment  or  a  place  of  employment  shall  mean 
such  freedom  from  danger  to  the  life  or  safety  of  employees  as  the  nature  of  the 
employment  will  reasonably  permit,  and  that  the  terms  "safety  device"  and  "safe- 
guard" shall  be  given  a  broad  interpretation  so  as  to  include  any  practicable  method 
of  mitigating  or  preventing  a  specific  danger. 

The  commission  has  power,  after  a  hearing  had  upon  its  own  motion  or  upon  com- 
plaint, by  general  or  special  orders,  rules  or  regulations,  or  otherwise,  "to  fix  such 
reasonable  standards  and  to  prescribe,  modify,  and  enforce  such  reasonable  orders  for 
the  adoption,  installation,  use,  maintenance  and  operation  of  safety  devices,  safe- 
guards and  other  means  or  methods  of  protection,  to  be  as  nearly  uniform  as  possible, 
as  may  be  necessary  to  carry  out  all  laws  and  lawful  orders  relative  to  the  protection 
of  the  life  and  safety  of  employees  in  employments  and  places  of  employment." 

In  order  to  secure  reasonable  mine  safety  rules,  which  the  Industrial  Accident 
Commission  has  authority  to  make  and  enforce,  a  committee  of  three  mine  opera- 
tors and  three  practical  miners  was  appointed  to  meet  with  the  mining  engineer  of 
the  commission  to  formulate  the  proposed  rules.  The  mine  employees  were  unable  to 
attend  the  meetings  of  the  committee  so  that  most  of  the  work  was  done  by  the  three 
operators  appointed  from  the  California  Metal  Producers'  Association,  and  by  the 
mining  engineer  of  the  commission.     The  employees  made  suggestions  by  mail. 

The  committee  held  a  number  of  meetings  and  drafted  Tentative  Mine  Safety  Rules 
which  were  printed  and  distributed  throughout  the  state,  to  those  interested  in  mining. 
A  public  hearing  was  held  June  11,  12  and  14,  1915,  at  which  time  the  proposed  Mine 


MINE    SAFETY   RULES.  107 

Safety  Rules  were  discussed  in  detail  aud  a  number  of  sections  referred  back  to  the 
committee  to  be  redrafted.  The  committee  met  July  20  and  21,  1915,  redrafted  the 
sections  that  had  been  referred  back  to  it,  and  a  circular  containing  the  redrafted 
sections  was  sent  out  to  those  interested. 

A  second  public  hearing  was  called  for  September  25,  1915,  at  which  time  it  was 
agreed  that,  after  listening  to  the  additional  discussion  of  the  rules,  the  committee 
would  prepare  its  final  draft  of  the  rules  to  present  to  the  commission.  This  was 
done  at  a  meeting  held  on  October  13.  1915.  At  a  meeting  of  the  Industrial  Acci- 
dent Commission,  the  Mine  Safety  Rules  were  adopted  and  made  permanent,  to 
become  effective  on  January  1,  1916. 

In  putting  these  rules  into  effect  the  Industrial  Accident  Commission  desires  to 
have  the  hearty  cooperation  of  miners,  operators,  and  others  interested  in  making  the 
mining  industry  less  hazardous.  It  also  desires  to  express  its  appreciation  and 
thanks  for  the  interest  and  cooperation  of  those  who  have  assisted  in  the  formulation 
of  the  rules.  It  is  the  earnest  desire  to  have  rules  that  are  practical,  workable,  and 
fair,  and  to  secure  the  enforcement  thereof  by  means  of  cooperation. 

The  Industrial  Accident  Commission  wishes  to  acknowledge  the  excellent  coopera- 
tion of  the  California  Metal  Producers'  Association,  and  to  express  its  thanks  for  the 
assistance  given  in  the  preparation  of  the  Mine  Safety  Rules.  The  commission  also 
desires  to  express  its  appreciation  and  thanks  to  the  individual  members  of  the 
committee  for  their  valuable  services  in  preparing  the  rules. 

NoTK, — ^For  printed  copies  of  these  rules  address  the  commission  at  either  its 
San  Fi-ancisco  or  I>os  Angeles  Office. 


SOLDIERS  AND  SAILORS  TEMPORARILY  RELIEVED  FROM 
NECESSITY  OF  PERFORMING  ASSESSMENT  WORK  ON 
MINING  CLAIMS. 

This  step  was  taken  by  Congress  and  approved  by  the  President,  as  a  war  measure, 
the  text  of  the  resolution  reading  as  follows : 

"Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  of 
America  in  Congress  assembled.  That  the  provisions  of  section  twenty-three 
hundred  and  twenty-four  of  the  Revised  Statutes  of  the  United  States,  which 
require  that  on  each  mining  claim  located  after  the  tenth  day  of  May,  eighteen 
hundred  and  seventy-two.  and  until  patent  has  been  issued  therefor,  not  less  than 
$100  worth  of  labor  shall  be  performed  or  improvements  made  during  each  year, 
shall  not  apply  to  claims  or  parts  of  claims  owned  by  officers  or  enlisted  men 
who  have  been  or  may,  during  the  present  war  with  Germany,  be  mustered  into 
the  military  or  naval  service  of  the  United  States  to  serve  during  their  enlist- 
ment in  the  war  with  Germany,  so  that  no  mining  claim  or  any  part  thereof 
owned  by  such  person  which  has  been  regularly  located  and  recorded  shall  be 
subject  to  forfeiture  for  nonperformance  of  the  annual  assessments  during  the 
period  of  his  service  or  until  six  months  after  such  owner  is  mustered  out  of  the 
service  or  until  six  months  after  his  death  in  the  service ;  Provided,  that  the 
claimant  of  any  mining  location,  in  order  to  obtain  the  benefits  of  this  resolution, 
shall  file,  or  cause  to  be  filed,  a  notice  in  the  office  where  the  location  notice  or 
certificate  is  recorded,  before  the  expiration  of  the  assessment  year  during  which 
he  is  so  mustered,  giving  notice  of  his  muster  into  the  service  of  the  United 
States  and  of  his  desire  to  hold  said  mining  claim  under  this  resolution — 
Approved,  July  11,  1917." 


]08  CALIFORNIA    STATE   MINING   BUREAU. 

ASSESSMENT  WORK  SUSPENDED  DURING  1917  AND  1918  ON 
ALL  MINING  CLAIMS,  EXCEPT  OIL  PLACER  LOCA- 
TIONS. 

(Public  Resolution  No.  12,  65th  Congress.) 
(S.  J.  Res.  78.) 
[Approved    October    5,    1917.] 

Joint  Resolution  to  suspend  the  requirements  of  annual  assessment  work  on 
mining  claims  during  the  years  nineteen  hundred  and  seventeen  and  nineteen  hun- 
dred and  eighteen. 

Resolved  hy  the  senate  and  house  of  representatives  of  the  United  States  of 
America  in  congress  assembled.  That  in  order  that  labor  may  be  most  effectively 
used  in  raising  and  producing  those  things  needed  in  the  prosecution  of  the  present 
war  with  Germany,  that  the  provision  of  section  twenty-three  hundred  and  twenty- 
four  of  the  Revised  Statutes  of  the  United  States  which  requires  on  each  mining 
claim  located,  and  until  a  patent  has  been  issued  therefor,  not  less  than  $100  worth 
of  labor  to  be  performed  or  improvements  to  be  made  during  each  year,  be,  and  the 
same  is  hereby,  suspended  during  the  years  nineteen  hundred  and  seventeen  and 
nineteen  hundred  and  eighteen  : 

Provided,  That  every  claimant  of  any  such  mining  claim  in  order  to  obtain  the 
benefits  of  this  resolution  shall  file  or  cause  to  be  filed  in  the  office  where  the  location 
notice  or  certificate  is  recorded  on  or  before  December  thirty-first,  of -each  of  the  years 
nineteen  hundred  and  seventeen  and  nineteen  hundred  and  eighteen,  a  notice  of  his 
desire  to  hold  said  mining  claim  under  this  resolution  ;  provided,  further.  That  this 
resolution  shall  not  apply  to  oil  placer  locations  or  claims. 

This  resolution  shall  not  be  deemed  to  amend  or  repeal  the  public  resolution 
entitled  "Joint  resolution  to  relieve  the  owners  of  mining  claims  who  have  been 
mustered  into  the  military  or  naval  service  of  the  United  States  as  officers  or  enlisted 
men  from  performing  assessment  work  during  the  term  of  such  service,"  approved 
July  seventeenth,  nineteen   hundred  and  seventeen. 


PUBLICATIONS. 


109 


PUBLICATIONS  OF  THE  CALIFORNIA  STATE  MINING  BUREAU 

Publications  of  this  Bureau  upon  which  a  price  has  been  affixed  will  be  sent  on 
receipt  of  the  requisite  amount.  Others  will  be  mailed  upon  request  until  the  edition 
is  exhausted.     Only  stamps,  coin  or  money  orders  will  be  accepted  in  payment. 

Money  orders  should  be  made  payable  to  the  State  Mining  Bureau. 

Pergonal  checks  icill  not  be  accepted. 

REPORTS. 
Asterisk  (♦)   Indicates  the  publication  is  out  of  print. 
•Report         I.     Henry  G.  Hanks.     1880. 
•Report        II.     Henry  G.  Hanks.     1882. 
•Report      III.     Henry  G.  Hanks.     1883. 
•Report      IV.     Henry  G.  Hanks.     1884. 
•Report        V.     Henry  G.  Hanks.     1885. 
•Report      VI.     Part  1.     Henry  G.  Hanks.     1886. 
•Report      VI.     Part  2.     Wm.  Irelan,  Jr.     1886. 
•Report    VII.     Wm.  Irelan.  Jr.     1887. 
•Report  VIII.     Wm.  Irelan,  Jr.     1888. 
•Report       IX.     Wm.  Irelan,  Jr.     1889. 
•Report        X.     Wm.  Irelan,  Jr.     1890.  Price. 

Report       XI.     Wm.   Irelan.  Jr.     1892.      (First  biennial) $1.00 

•Report    XII.     J.  J.  Crawford.     1894.      (Second  biennial) 

•Report  XIII.     J.  J.   Crawford.     1896.      (Third  biennial) 

Chapters   of   State   Mineralogist's   Report,    Biennial   period,    1913-1914,    Fletcher 
Hamilton: 
Mines  and  Mineral  Resources  of  Imperial  and  San  Diego  Counties — F.  J.  H. 

Merrill.      1914 .36 

Mines  and  Mineral  Resources,  Amador,  Calaveras  and  Tuolumne  Counties — • 

W.  B.  Tucker.     1915 .50 

Mines  and  Mineral  Resources,    Colusa,    Glenn,    Lake,    Marin,    Napa,    Solano, 

Sonoma  and  Yolo  Counties — Walter  W.  Bradley.     1915 .50 

Mines  and  Mineral  Resources,  Del  Norte,  Humboldt  and  Mendocino  Counties 

— F.    L.    Lowell.      1915 ,26 

Mines  and  Mineral  Resources,  Fresno,  Kern,  Kings,  Madera.  Mariposa,  Merced, 
San   Joaquin   and   Stanislaus    Counties — Walter  W.    Bradley,    G.    C.    Brown, 

F.  L.  Lowell  and  R.  P.  McLaughlin.     1915 .50 

Mines  and  Mineral   Resources,   Shasta,   Siskiyou  and  Trinity  Counties — G.   C. 

Brown.      1915    .50 

Report  XIV.     Fletcher  Hamilton,  1915,  Biennial  period,  1913-1914.      (The  above 

county  chapters  combined  in  a  single  volume) 2.00 

Chapters   of   State  Mineralogist's   Report,   Biennial   Period,    1915-1916,   Fletcher 
Hamilton  : 
Mines  and  Mineral  Resources,  Alpine,  Inyo  and  Mono  Counties,  with  geological 
map — Arthur    S.    Eakle,    Emile    Huguenin,    R.    P.    McLaughlin,    Clarence   A. 

Waring.      1917    1.25 

Mines    and    Mineral    Resources,    Butte,    Lassen,    Modoc,    Sutter    and    Tehama 

Counties — W.   Burling  Tucker,   Clarence  A.  Waring.      1917 .50 

Mines    and    Mineral    Resources,    El    Dorado,    Placer,    Sacramento    and    Yuba 

Counties — W.   Burling  Tucker,  Clarence  A.  Waring.      1917 .65 

Mines  and  Mineral  Resources,  Los  Angeles,  Orange  and  Riverside  Counties — 

Frederick  J.    H.   Merrill.     1917 .50 

Mines  and  Mineral  Resources,  Monterey,  San  Benito,  San  Luis  Obispo,  Santa 
Barbara  and  Ventura  Counties — Walter  W.  Bradley,  Emile  Huguenin,  C.  A. 

Logan,  Clarence  A.  Waring.     1917 .65 

Mines   and   Mineral   Resources,    San   Bernardino   and   Tulare   Counties — H.    C. 

Cloudman,  Emile  Huguenin,  F.  J.  H.  Merrill,  W.  Burling  Tucker.     1917 .65 

BULLETINS. 

♦Bulletin     1.     Desiccated   Human  Remains. — Winslow  Anderson.     1888 

•Bulletin     2.     Methods  of  Mine  Timbering. — W.   H.   Storms.     1894 

•Bulletin     3.     Gas  and  Petroleum  Yielding  Formations  of  the  Central  Valley  of 

California. — W.  L.  Watts.     1894 

•Bulletin     4.     Catalogue   of   California   Fossils    (Parts   2,    3,    4    and   5). — J.    G.    

Cooper.     1894   

•Bulletin     5.     The  Cyanide  Process :  Its  Practical  Application  and  Economical    

Results. — A.  Scheldel.     1894 

Bulletin     6.     California  Gold  Mill   Practices. — E.   B.   Preston.     1895 --   $0.50 

•Bulletin     7.     Mineral   Production   of  California,   by  Counties,    1894. — Chas.   G. 

Yale.      (Tabulated  sheet)    

•Bulletin     8.     Mineral   Production   of  California,  by   Counties,    1895. — Chas.   G. 

Yale.      (Tabulated  sheet) 

•Bulletin     9.     Mine  Drainage,  Pumps,  etc. — Hans  C.  Behr.     1896 

•Bulletin  10.     A    Bibliography    Relating    to    the    Geology,    Palaeontology,    and 

Mineral   Resources  of  California. — A.  W.  Vogdes.      1896- 

•Bulletin  11.     Oil  and  Gas  Yielding  Formations  of  Los  Angeles,  Ventura  and 

Santa  Barbara  Counties. — W.  L.  Watts.     1896 

•Bulletin  12.     Mineral   Production   of   California,   by  Counties,    1896. — Chas.    G. 

ITrIg  ^  X3.l3Ul3..t6d   sheet)    —    —  —  — —  — -.  —  —  —  .  — — ...  _ 

•Bulletin  13.     Mineral  Production   of   California,   by   Counties,    1897. — Chas.G 
Y3,le       { T3.bul3,te(i  sheet)       __  —  __-._—_—  ——___  ___—   ,«_ 

•Bulletin  14.     Mineral   Production   of  California,   by  Counties,    1898. — Chas.    G 

Yale.      (Tabulated  sheet) 

Bulletin  15.     Map  of  Oil  City  Oil  Fields,  Fresno  County. — J.  H.  Means 

•  Bulletin  16.     The  Genesis  of  Petroleum  and   Asphaltum   In   California. — A.   S. 

Cooper.    1899 


110 


CALIFORNIA    STATE   MINING   BUREAU. 


PUBLICATIONS    OF    THE    CALIFORNIA    STATE    MINING    BUREAU— Continued. 

Asterisk  (•)  indicates  tiie  publication  is  out  of  print.  Price. 

♦Bulletin   17.     Mineral   Production    of   California,   by   Counties,    1899. — Chas.    G. 

Yale       ( T3.l>ula.t6d  sli6Gt) — — — — — — —     — — — — 

•Bulletin   18.     The  Mother  Lode  Region  of  California. — W.  H.  Storms,  1900 

♦Bulletin  19.     Oil   and  Gas   Yielding   Formations   of   California. — W.    L.   Watts. 

1900 

♦Bulletin  20.     Synopsis    of    General    Report    of    State    Mining    Bureau. — W.    L. 

Watts.     1900 

♦Bulletin  21.     Mineral   Production   of   California,   by   Counties,    1900. — Chas.    G. 

Yale       (Tabulated   sheet)    - — 

♦Bulletin  22.     Mineral  Production  of  California  for  Fourteen  Years. — Chas.  G. 

Yale.      1900.      (Tabulated    sheet)     

Bulletin.         Reconnaissance  of  the  Colorado  Desert  Mining  District. — Stephen 

Bowers.     1901 

Bulletin  23.     The  Copper  Resources  of  California. — P.  C.  DuBois,  F.  M.  Ander- 

son,  J.  H.  Tibbits,  and  G.  A.  Tweedy.     1902 $0.50 

♦Bulletin  24.     The  Saline  Deposits  of  California. — G.   E.   Bailey.     1902 

♦Bulletin  25.     Mineral   Production   of   California,   by   Counties,    1901. — Chas.    G. 

Yale       (Tabulated   sheet) 

♦Bulletin  26.     Mineral    Production    of    California   for    Fifteen    Years. — Chas.    G. 

Yale.     1901.     (Tabulated  sheet) 

♦Bulletin  27.     The   Quicksilver   Resources   of   California. — Wm.    Forstner.     1903    

♦Bulletin  28.     Mineral    Production   of   California,   by   Counties,    1902. — Chas.    G. 

Yale        (T3.bul3.t6d,    sh,6Gt)     — — — — _- — — — _._—-.—    — — — — 

♦Bulletin  29.     Mineral    Production   of   California   for    Sixteen   Years. — Chas.    G. 

Yale.    1902.     (Tabulated  sheet) 

■'Bulletin  30.     A  Bibliography  of  Geology,  Palseontology,  and  Mineral  Resources 

of  California. — A.  W.  Vogdes.     1903   

•Bulletin  31.     Chemical  Analyses  of  California  Petroleum. — H.  N.  Cooper.     1903. 

(  T*3  bill  fit  Gtl  sViGet )  ___^— .—^»_———— —————— ——— ———»■•———————— —    — — — — 

Bulletin  32.     Production  and  Use  of  Petroleum  in  California. — P.  W.  Prutzman. 

1904 -20 

♦Bulletin  33.     Mineral  "Production   of   California,    by   Counties,    1903. — Chas.    G. 

Yale.      (Tabulated   sheet) 

♦Bulletin  34.     Mineral  Production  of  California  for  Seventeen  Years. — Chas.  G. 

Yale.     1903.     (Tabulated  sheet) ■—    

•Bulletin  35.     Mines  and  Minerals  of  California  for  1903. — Chas.  G.  Yale.     1904. 

(Statistical)    

♦Bulletin  36.     Gold  Dredging  in  California. — J.  E.  Doolittle.     1905—-—- 

Bulletin  37.     Gems,  Jewelers'  Materials,  and  Ornamental  Stones  of  California. 
— George  F.  Kunz.     1905  : 

First  edition   (without  colored  plates) -25 

♦Second  edition   (with  colored  plates) —    

♦Bulletin  38.     The    Structural    and    Industrial    Materials    of    California.— Wm. 

Forstner,   T.   C.   Hopkins,    C.   Naramore,   L.   H.    Eddy.     1906—    

♦Bulletin  39.     Mineral  Production   of   California,   by   Counties,    1904. — Chas.    G. 

Yale.      (Tabulated   sheet)    -— — -—    

•Bulletin  40.     Mineral  Production   of  California  for  Eighteen  Years. — Chas.   G. 

Yale.      1904.      (Tabulated   sheet)    rr?— p.r TT— ^~r    

•Bulletin  41.     Mines    and    Minerals    of    California,    for    1904 — Chas.    G.    Yale 

(Statistical) ■--- 

•Bulletin  42.     Mineral   Production   of  California,   by  Counties,    1905. — Chas.   G. 

Yale.      (Tabulated   sheet) ■-- -;-    

•Bulletin  43.     Mineral  Production  of  California  for  Nineteen  Years. — Chas.   G. 

Y?le.      1905.      (Tabulated    sheet)    ._—-——    

•Bulletin  44.     Mines    and   Minerals    of    California,    for    1905. — Chas.    G.    Yale. 

(Statistical)    ::--r-^x T^a^ 

•Bulletin  45.     Auriferous  Black  Sands  of  California. — J.  A.  Edman.     1907„ 

Bulletin  46.     General  Index  to  Publications  of  the  State  Mining  Bureau. — Com- 

piled  bv  Chas.  G.  Yale.     1907 -„-„— ;:.T. TT       •'" 

•Bulletin  47.     Mineral   Production   of   California,    by   Counties,    1906. — Chas.    G. 

Yale.      (Tabulated   sheet) -—^- zzr %-"    

•Bulletin  48.     Mineral   Production    of    California   for   Twenty   Years. — Chas.    G. 

Yale.      1906.      (Tabulated   sheet) ._—_——    

•Bulletin  49.     Mines   and    Minerals    of    California,    for    1906. — Chas.    G.    Yale. 

(Statistical)    ■- x""T'>""':r~    

Bulletin  50.     The  Copper  Resources  of  California.— A.   Hausmann,  J.   Krutt- 

schnitt,  Jr.,  W.  B.  Thome,  J.  A.  Edman.     1908.  — k"??- 

•Bulletin  51.     Mineral    Production    of    California,    by    Counties,    1907. — D.    H. 

Walker.      (Tabulated     sheet) "v;— -G"    

•Bulletin  52.     Mineral  Production  of  California  for  Twenty-one  Years. — D.  H. 

Walker.      1907.      (Tabulated    sheet)     _       _ 

♦Bulletin  53      Mineral  Production  of  California  for  1907,  with  County  Maps— 

D.     H.    Walker.     1908.      (Statistical)—- -_— _-^— —    

•Bulletin  54.     Mineral    Production    of    California,    by    Counties,    1908. — u.    H.. 

Walker.      (Tabulated    sheet)    .—     -       . — ^c" vv"    

•Bulletin  55.     Mineral  Production  of  California  for  Twenty-two  Years. — D.  H. 

Walker.     1908.      (Tabulated    sheet)     _- — 

•Bulletin  56.     Mineral    Production    for    1908,    County   Maps,    and    Mining   Laws 

of  California.— D.  H.  Walker.     1909.      (Statistical)- ;-— .—    

•Bulletin  57.     Gold    Dredging   in    California.- W.    B.    Winston,    Charles   Janm. 

•Bulletin  58.     Minerar"Production'~of 'CalTfornia,    by    Counties,    1909. — D.    H. 

Walker.      (Tabulated    sheet)    -r-rr ^ v;""i~    

•Bulletin  59.     Mineral  Production  of  California  for  Twenty-three  Years.— D.  H. 

Walker.     1909.      (Tabulated  sheet)    


PUBLICATIONS.  Ill 

PUBLICATIONS    OF    THE    CALIFORNIA    STATE    MINING    BUREAU— Continued. 
Asterisk  (•)  Indicates  the  publication  Is  out  of  print.  Price. 

•Bulletin  60.     Mineral    Production   for    1909,    County   Maps,    and   Mining  Laws 

of  California. — D.H.Walker.     1910.     (Statistical) 

•Bulletin  61.     Mineral   Production   of   California,   by  Counties,   for   1910. — D.   H. 

Walker.      (Tabulated    sheet)    

•Bulletin  62.     Mineral   Production  of  California  for  Twenty-four  Years. — D.   H. 

Walker.     1910.      (Tabulated    sheet)    

Bulletin  63.     Petroleum   in   Southern   California. — P.   W.    Prutzman.      1912 fO.75 

Bulletin   64.     Mineral   Production  for   1911. — E.   S.    Boalich,    1912 

Bulletin   65.     Mineral   Production   for   1912. — E.    S.    Boalich,    1913 

•Bulletin  66.     Mining  Laws,  United  States  and  California,   1914 

Bulletin   67.     Minerals  of  California. — A.   S.  Eakle.      1914 1.00 

Bulletin   68.     Mineral   Production  for   1913. — E.    S.   Boalich.      1914 

Bulletin  69.     Petroleum  Industry  of  California,  with  Folio  of  Maps  (18x22  In.) 

— R.   P.  McLaughlin  and  C.  A.  Waring,   1914 2.00 

•Bulletin  70.     Mineral    Production    for   1914,    with    Mining   Law   Appendix.     1915    

♦Bulletin  71.     California  Mineral  Production  for  1915,  with  Mining  Law  Appen- 
dix and  Maps. — Walter  W.  Bradley,  1916 

Bulletin  72.     Geologic  Formations  of  California .25 

Bulletin  73.     First  Annual  Report  of  State  Oil  and  Gas  Supervisor 

Bulletin   74.     Mineral   Production   of   California,    1916 

Bulletin   75.     Mining  Laws,   United   States   and   California,    1917 

Bulletin   76.     Manganese  and   Chromium   in   California    (in  preparation) 

Bulletin  77.     Catalogue    of    Publication.s    of    California    State    Mining    Bureau.    

Bulletin   78.     Quicksilver  Resources  of  California.      (In  preparation). 

Registers   of   Mines  with    Maps. 

Amador  County   • |.25 

Butte   County    .25 

•Calaveras   County    

•El  Dorado  County 

•Inyo   County   

•Kern  County 

Lake  County .26 

Mariposa  County .25 

•Nevada    County    

•Placer  County ' 

•Plumas    County 

•San  Bernardino  County 

•San   Diego  County 

Santa  Barbara  County .25 

•Shasta  County   

•Sierra  County 

•Siskiyou  County 

•Trinity  County 

•Tuolumne  County 

Yuba    County    .25 

Register  of  Oil  Wells  (with  map),  Los  Angeles  City .35 

OTHER   MAPS. 
California,  Showing  Mineral  Deposits  (50x60  in.)  — 

Mounted    $1.50 

Forest  Reserves  In  California — 

Mounted   .50 

Unmounted    .30 

•Mineral  and  Relief  Map  of  California 

El  Dorado  County,  Showing  Boundaries  of  National  Forests .20 

Madera  County,   Showing  Boundaries  of  National   Forests .20 

Placer  County,  Showing  BounSarles  of  National  Forests .20 

Shasta  County,   Showing  Boundaries  of  National  Forests .20 

Sierra  County,   Showing  Boundaries  of  National  Forests .20 

Siskiyou   County,   Showing  Boundaries   of  National   Forests .20 

Trinity  County,  Showing  Boundaries  of  National  Forests .45 

Tuolumne  County,  Showing  Boundaries  of  National  Forests .20 

•Mother  Lode  Region 

Desert  Region  of  Southern   California .10 

Minaret    District,    Madera    County    .20 

Copper  Deposits  in  California .05 

Calaveras   County    .25 

Plumas    County    .25 

Tuolumne  County .25 

Geological  Map  of  California  (mounted) — 50x60  inches 2..50 

DETERMINATION  OF  MINERAL  SAMPLES. 
Samples  (limited  to  three  at  one  time)  of  any  mineral  found  in  the  state  may  be 
sent  to  the  Bureau  for  identification,  and  the  same  will  be  classified  free  of  charge. 
No  samples  will  be  determined  If  received  from  points  outside  the  state.  It  must  be 
understood  that  no  assays,  or  quantitative  determinations  will  be  made.  Samples 
should  be  in  lump  form  if  possible,  and  marked  plainly  with  name  of  sender  on  out- 
side of  package,  etc.  No  samples  will  be  received  unless  delivery  charges  are  prepaid. 
A  letter  should  accompany  sample,  giving  locality  where  mineral  was  found  and  the 
nature  of  the  Information  desired. 


INDEX. 


Page 

Act  creating  State  Mining  Bureau 11 

Regulating   explosives   41 

To    amend    Civil    Code    relating    to 

eminent  domain 57 

Amalgam,   larceny   of 69 

Amended  location  of  mine 99 

Annual   charges  on   oil  land 20 

Report  by  owners  of  oil  wells 20 

Report  by  State  Oil  and  Gas  Super- 

\isor 25 

Apex     104 

Application    for    patents 100 

For  permit  to  appropriate  water_S7,   S8 

To    lease    mineral    land 55 

Articles   in   incorporation,    filing   of 47 

Assessments,       annual,       on       mining 

claims    28 

Assessment  charges   20 

Collection  of 20 

Levying    20 

Of   oil    lands,    board   of   review   and 

correction   on  oil   proceedings —  21 

Delinquent  charges 23 

Disposal    of    funds    from    assess- 
ment      24 

Protest  of  charges 23 

Publication  of  assessment  notices  22 

Record  of  assessment  on  oil  lands  22 

On   mining  claims 59 

Soldiers    and    sailors    temporarily 

relieved   from   107 

On    oil    lands 21 

Rate   of   21 

Assessment   work    99.   102,  105 

Failure   to    perform 61 

Location   of   58 

Recording    of    affidavit 59,  60 

Suspended  during  1917  and  191S 108 

Assistant    State    Oil    and    Gas    Super- 
visor     11 

Blue  Sky   Law 72 

Penalty  for  violation  of 76 

Boundaries,   marking  of 97,   99,  104 

Broker,  definition  of 73 

California    Debris    Commission 34 

Hydraulic  mining  regulation  by 35 

Regulations    for    explosives 38 

California  State  Mining  Bureau 7 

California   statutes    44 

Camp  sites,   land  for 32 

Charters,    forfeiture    of 48 

Citizenship,    proof    of 27 

Coal  mines,   regulations  of 67 

Commissioner   of   Corporations 77 

Commissioners,    Oil   and   Gas   Depart- 
ment      13 

Company,    definition    of 72 

Complaint  of  operators 16 

Testimony  of  oil   proceedings 16 

Corporate  Securities  Act 72 

Corporation  Commission  Fund 79 

License  Tax   Law 46 

Corporations,   mining 44 

Course    of    vein 106 

Current  decisions  on  mines  and  mining  97 

Debris    Commission   of   California 34 

Fund    38 

Department  of  Petroleum  and  Gas 11 

T>eputy  Oil  and  Gas  Supervisors 12 

District  Oil  and  Gas  Supervisors 13 

Oil  districts  of  California 13 

Records  of  operators 13 

8—33516 


Page 

Description    of    claims 58 

Discovery   of  mining  claims 97.  102 

Veins    104 

Districts   of   oil   in   California 13 

Dividends,  how  made 51 

Duties  of  Oil  and  Gas  Commissioners.  14 

Election  of  Oil  and  Gas  Commissioners  14 

Eminent  domain,  right  of 56 

Employment    hours,    regulation    of    in 

mines   65 

End  lines 103 

Excess  ground   in   claim 97,  98,   99 

Exits  for  mines 66 

Expert   testimony  on  mines 106 

Exploration    of    potash 31 

Explosives,    definition    of_        39,   61 

Inspectors    40 

Licenses  for  manufacture  and  han- 
dling     39,   40 

Marking   of    containers 64 

On  common  carriers 65 

Regulations  for  by  California  Debris 

Commission     38 

To  provide  for  control  of 61 

Extraction  of  the  minerals  from  water  54 

Extralateral    rights    105 

Failure  to  perform  assessment  work_ 

61.  105 

Federal    statutes    27 

Fee    for   filing   application   for   permit 

for    broker    75 

Fees   charged   and   collected   by    Com- 
missioners  of    Corporations 78 

By  State  Water  Commission 83 

Fencing   abandoned   shafts 67 

Financial  estimate  for  oil  act 20 

Forest  reserves,  mining  claims  in 34 

Forfeiture    of    charters 50 

Forms  for  location  notices 70 

Fraud,    definition    of 73 

F'raudulent    and    exaggerated    reports, 

penalty    for    51 

Fund,    Corporation    Commission 79 

Gas  and  oil  claims 30 

Charges   on    20 

Gas  and  oil  as  minerals 101 

Gifts  and  legacies,  acceptance  by  State 

Mineralogist    10 

Gold  dust,   larceny   of 69 

Hospital,    miner.s'    68 

Hours  of  employment,  regulation  of 65 

Hydraulic   mines   42 

Mining    54 

Mining   defined    35.  42 

Improvements  on  mines 100 

Incorporation   taxes   47 

Industrial   Accident  Commission 106.  107 

Inspection  of  hydraulic  mines 43 

Instruction    to    owners    and    operaloi-s 

of  hydraulic  mines  in  California  42 
Interstate   Commerce  Commission,   re- 
lation of  Commissioner  of  Cor- 
porations to 80 

Intrastate  business 48,    4:i,   50 

Investigation   of   reservoir   streams 95 

Known  lodes — placer  patent 100 

Lands  uncovered  by  recession  of  water  ">.", 

Larceny  of  gold  dust  and  amalgam 69 


114 


INDEX. 


rage 

Liberal  construction  of  statutes 102 

License  Tax  Law  of  Corporation 46 

Licenses    to    mines    by    the    liydraulic 

process    42 

Limestone  belt  as  a  vein 103 

Lode   claims    98 

Lode,   defined 98,  104 

Location   notices 70 

On   apex   -- 100 

Of  assessment  work 58 

Mill    sites    58 

Mining    claiins    50 

Placer  claim 58 

Without  discovery 101 

Magazines    containing  explosives_61,  62,  63 

Maps  and   data 94 

Marking   boundaries 97,    99,    104 

Method  of  acquiring  mining  claims 101 

Mill  sites,   location  of 58,   59 

Mine,    definition    of 98,   99 

Exits,    provision    for 66 

Safety   rules   106 

Mineral   cliaracter  of  land 98 

Lands  within   tlie  meander  of  lakes 

and    streams    54 

Minerals,   extracted  from  water 54 

Oil    and    gas 101 

Subject  to  location 97 

Miners'    hospital    68 

Miner's   inch,   definition   of 69 

Mines  and  mining  district,  decisions  of     97 

Mining  corporations 44 

Claims 27,   98 

Annual   assessment  of 28 

Assessment  work    suspended   dur- 
ing   1917    and    1918 108 

Building   stone  lands 29 

Entry    of 29 

Extralateral   rights 27,    102 

Forms  for  location  notices 70 

In  forest  reserves 34 

Location  of 58 

Lode   claims   27 

Method    of    acquiring 101 

On  stream  beds  and  tide  land 30 

Patents    on    28 

Placers     28 

Areas   of   29 

Boundaries  of 29 

Saline   land    29 

Trials  involving 57 

Tunnel    claims    28 

Hydraulic     54 

Monuments  control  the  distance 105 

On    claims    105 

Natural    gas   52 

Notice  of  location 58 

Oil,    charges    on 20 

Wells     — 17 

Abandonment  of 18 

Casing    in    17 

Inspection   of   19 

Logs    of    18 

New    wells  , IS 

Production    reports    19 

Prospecting  wells    18 

Repair  of  wells  by   Supervisor 17 

Review     of     Oil     Proceedings    by 

Superior   Court 17 

"W^ater  shut-off 17,    19 

Oil  and  gas  claims 30 

Assessments  on  oil  mining  claims 30 

Oil  and  gas  as  minerals 101 

Oil  and  gas  department 8 

Oil  and  Gas  Supervisor,  annual  report 

by 25 


Page 
Papers  filed  by  company  open  to  pub- 
lic   inspection    76 

Partnerships     102 

Patents    103 

Application    for    100 

On  mining  claims 28 

Penalty  for  false  statements  by  com- 
pany   officers    76 

For    company    violating    Blue    Sky 

Law    76 

For  refusal  to  make  oil  report 21 

Permit  to  appropriate  water 87 

To   sell    securities 73,   74,   75 

Petroleum  and  gas  department 11 

Pliosphate    claims   98 

Pickett    Bill    31 

Placer  claims 98,   100 

Location  of 5S 

Substances,  locatable    as  (see  Mining 

claims)     29 

Placers,    mining   claims 28 

Police  power  of  the  state 19 

Possessory   rights    102 

Potash  exploration 31 

Protection   of   stockholders 51 

Public  lands,  open  to  exploration 27 

Use  of  by  Debris  Commission 37 

Publication    of    notices    of    payments 

due   on    oil   lands 23 

Of  State  Mining  Bureau 7,    109 

Railroad     Commission,     control     over 

explosives     64 

Rate  of  assessment  on  oil  lands 21 

Recall  of  Oil  and  Gas  Commissioners-  15 

Recording    of   affidavit    of  -assessment 

work    59,    60 

Of    leases    ^ 25 

Of  location   of  mining  claiins 60 

Regulations    provided    for    control    of 

explosives    61 

Relation    to    city    and    county    water 

districts     90 

ReT^ort,   annual  by  owners  of  oil  wells  20 

By   State   Oil  and   Gas  Supervisor 25 

By  company  on  sale  of  securities 75 

Of  State  Mineralogist 10 

Right  of  eminent   domain 56 

To   follow  veins 105 

Rights,   extralateral 27 

Of   way,    leases   of 56 

Safety   rules,   mine 106 

Security,   definition   of 72 

Securities     75 

Shut-off,   water  in   oil  wells 17,   19 

Soldiers  and  sailors  temporarily  re- 
lieved from  performing  assess- 
ment work  on  mining  claims —   107 

State    Mineralogist    9 

Compensation  of 9 

Duties    of    9 

Mining   Bureau    7 

Department  of  Petroleum  and  Gas        8 

Fund    —      10 

Laboratory    7 

Library     7 

Museum     8 

Publications  of 7,   109 

Statistical    Department    8 

Oil  and  Gas  Supervisor 11 

Powers   of    10 

Report    of    10 

Water   Commission    81 

Statutes,    Federal    27 

Liberal    construction    of 102 

Of    California    44 

Stock  issued  at  transfer  agencies 44 


INDEX. 


115 


Page 

Stockholders,    protection    of 51 

Right  to   visit  mine 44 

Stream   beds,    mining  claims  on 30 

Supervision  of   construction  work  by_  88 
Supervisor,  State  Oil  and  Gas  Depart- 
ment      11 

Surveys   of    stream    system 91 

Table  of  quantity  and  distance  relat- 
ing  to    explosives 62 

Taxes   of   incorporation 47 

Telephone  systems  in   mines 67 

Test    of   water   shut-off 19 

Tide  land,  mining  claims  on 30 

Transfer  agencies 44 

Trials   involving  mining  claims 57 

Trust,    definition    of 72 


Page 

Tunnel  claims 28 

Locations 59 

U.  S.   Bureau  of  Mines,  right  to  issue 

licenses 40 

Use  of  California  materials  in  public 

buildings 53 

Vacancies    of    Oil    and    Gas    Commis- 
sioners      15 

Vein,  course  of 106 

Defined 98,  103 

Right  to  follow 105 

Votes  of  Oil  and  Gas  Commissioners 14 

Wasting  of  natural  gas 52 

Water   Commission    Act 81 

Weekly  day  of  rest 68 


THIS    BOOK    IS    DUE   ON    THE    LAST    DATE 
STAMPED  BELOW 


AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN  THIS  BOOK 
ON  THE  DATE  DUE.  THE  PENALTY  WILL  INCREASE  TO 
50  CENTS  ON  THE  FOURTH  DAY  AND  TO  $1.00  ON  THE 
SEVENTH  DAY  OVERDUE. 


^  UNIVERSITY  OF  CALIFORNIA    DAylS 


tulord  =z 


^     PAMPHLET  BINDI" 

^^^^   Syracuse,  N. 
^^^Z   Stockton,  Colli 


California.   De^t.   of_ 
natural  resources.   Di- 
vision of  mines. 
Bulletin. 

PHYSICAL 
SCIENCES 
LlBRAKf 


Call  Number 

TN2U 
C3 
A3 
no. 7^ 


.   75  02235  5351 


LIBRARY 

nanvERsiTY  of  cALiFOKinai 

DAVIS 


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